S. K. MAL LODHA, J. - (1.) THIS is an application under sec. 152 C. P. C. moved by the plaintiff petitioners (tenant) dated October 27, 1977 which was submitted on Match 27, 1978. It has been prayed that the mistake in the penultimate paragraph of the judgment of this court dated January 13, 1977 passed in S. B. Civil Revision Petition No. 331 of 1976 be corrected by substituting Rs. 3/- and Rs. 7. 50/- in place of Rs. 7/- and Rs. 18/- respectively.
(2.) THE facts giving rise to this application may briefly be stated as follows: - The non-petitioner Mukhtiyar Ahmed is the landlord and the petitioner and one Sanwalram took a house and a shop situate at Makarana on rent. The rent-note was executed wherein tenants agreed to pay rent of the house @ Rs. 7/-per mensem and of the shop @ Rs. 18/- per mensem. The suit was filed by the petitioner and Sanwalram on November 8, 1966 for fixation of standard rent u/s. 6 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. After contest, the learned Munsiff fixed the standard rent of the house at Rs. 3/- per mensem and that of the shop at Rs. 7,50/- per mensem vide his judgment dated May 29, 1973. The standard rent fixed was to be effective from the date of the suit, namely, November 8, 1966. Feeling aggrieved by the said judgment and decree, the defendant non-petitioner (landlord) Mukhtiyar Ahmed filed an appeal which was decided by the learned Additional District Judge, Merta on April 13, 1976. He accepted the appeal and the standard rent fixed by the learned Munsiff was modified and in its place the standard rent of the house in suit was determined at Rs. 10. 50/- per month and of the shop in suit at Rs. 45/-per month. The standard rent fixed by the learned Additional District Judge was made effective from the date of the decision of the appeal i. e. April 13, 1976 Being dissatisfied with the judgment of the learned Additional District Judge, the plaintiff-petitioners filed a revision petition in this Court. This revision petition was registered as S. B. Civil Revision No. 331 of 1976. The two points which were argued before the learned Judge are as follows: - (1) That the lower appellate court had committed gross error in fixing the standard rent of the house at Rs. 10. 50/- per mensem and that of the shop at Rs. 45/- per mensem with effect from April 13, 1976. (2) That from the judgment of the learned Additional District Judge, it was not clear, at what rate the tenants are liable to pay rent of the house and the shop during the period from November 8, 1966 to April 13, 1976. With respect to the first point, the learned Judge held that the court below was fully justified in fixing the standard rent at Rs 10. 50/- per mensem of the house and Rs. 45/- per mensem of the shop. The second point has been dealt by the learned Judge in the penultimate paragraph of the judgment which runs as under: - "coming to the second point, suffice it to say that the operative portion of the judgment of the first appellate court clearly reveals that the appellate court accepted the appeal by modifying the decree of the lower court and fixed the standard rent of the house at the rate of Rs. 10 50/- per mensem and that of the shop at the rate of Rs. 45/- per mensem from the date of the appellate judgment. It follows, therefore, that prior to the date of the judgment the standard rent fixed by the Munsiff was maintained. The tenants will be liable to pay rent of the house and of the shop during the period from Nov. 8, 1966 to April 12, 1976 @ Rs 7/- and Rs. 18/- per mensem respectively as determined by the learned Munsiff. " Having dealt with the second point in the manner stated above, the learned Judge dismissed the revision petition. The last para of the judgment may also be quoted: - "with these observation petition is dismissed. In the circumstances of the case, there will be no order as to costs. "
(3.) THEREAFTER, this application u/s. 152 C. P. C. moved. It has been mentioned in the application that this court vide judgment dated January 13, 1977 maintained the standard rent fixed by the Munsiff prior to the date of the judgment of the learned Additional District Judge dated April 13, 1976. The learned Munsiff in his judgment dated May 29, 1973 fixed the standard rent of the house at Rs. 3/- per mensem and that of the shop at Rs. 7-50/- from the dated of the suit, i. e. , November 8, 1966. In the judgment while maintaining the standard rent fixed by the Munsiff prior to the date of the judgment of the lower appellate court, the learned Judge made an order that the tenants are liable to pay rent of the house and of the shop for the period November 8, 1966 to April 12, 1976 @ Rs. 7/- and Rs. 18/- per mensem respectively. But this is agreed by rate of rent and not standard rent determined the learned Munsiff. According to the petitioners, there is clerical error in respect of figures 7 and 18, on account of the accidental slip and, therefore, they have prayed that a correction be made by this court by substituting the figures 3 and 7. 50 in place of the figures 7 and 18 respectively. This application has been contested by the plaintiffs-non-petitioner Mukhtiyar Ahmed (landlord) on various grounds by filing a reply on August 28, 1978. I have heard Mr. P. G. Mathur, learned counsel for the petitioners and Mr. H. M. Parakh, learned counsel for the non-petitioner (land-lord ). ;