HUKUMAT RAI Vs. VATTUMAL

JUDGEMENT

(1.) This is tenant's appeal filed under Sec. 32 of the M.P. Accommodation Control Act, 1961 which is directed against an order dated 10th Sept 1979 passed by the First Additional District Judge, Indore in Civil Misc. Case No. 92 of 79.

(2.) The facts giving rise to this second appeal may be stated in brief, thus : The respondent is the owner of house No. 151, Jairampur colony, Indore in which the petitioner is a tenant on a monthly rent of Rs. 80.00 in a shop measuring 10 feet x 10 feet. According to the petitioner the said house including the shop in question was constructed for the first time in 1959 and according to the first municipal assessment made as per Ex. P-1 and Ex. P-2 the rent of the suit shop has been shown to be Rs. 15.00 per month. The petitioner, therefore, filed an application before the Rent Controlling Authority, Indore to fix the standard rent of the said shop as according to him the rent charged by the respondent at the rate of Rs. 80.00 per month was excessive.

(3.) The respondent contested the said application and submitted that the suit shop was constructed for the first time in 1967 and, therefore, the rent charged by the respondent being reasonable one, the petitioner's application deserves to be dismissed.