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1977 DIGILAW 299 (MP)

Azimur Rahman v. Vidyabai

1977-08-17

G.P.SINGH

body1977
Short Note : 1. This revision is directed against an order by which the trial Court has fixed reasonable provisional rent of the suit accommodation at Rs. 80/- per month. Held : The defendant-applicant's case was that originally three rooms plus a bath-room were given to him an a monthly rent of Rs. 80/-, but later on two rooms and the bath-room were taken possession of by the plaintiff landlord and only one room remained with him. The Court below, on a summary inquiry, did not accept this case of the defendant. It came to the conclusion that the probability was that only one room which is in occupation of the defendant, was given to him on Rs. 80/- per month. On this basis, the trial Court has fixed Rs 80/- per month as the reasonable provisional rent. The finding reached by the trial Court does not suffer from any error of jurisdiction or illegality, or irregularity in the exercise of jurisdiction. No. interference, therefore, can be made in revision. The trial Court, however, did not fix any time for depositing the arrears of rent which could have been done while fixing the reasonable provisional rent. In Chhogalal v. Idol of B. Shri Saiyanarayan ( 1975 JLJ 779 ) it was held by a Full Bench of this Court that it is implicit that the Court, at the time of fixing the reasonable provisional rent, will have the necessary power to fix the time for making deposit or payment under sub-section (1) for any period prior to the fixation of provisional rent so that the time taken by the Court in passing its order may not prejudice any party. Revision dismissed.