Judgment · High Court

Shri R. Chadrawade, Advocate for the petitioner. Heard on the question of admission. This revision application has been filed by the defendant against the order whereby the learned trial Court decided the dispute regarding rate of rent and fixed the provisional rent @ Rs.600/- per month. Learned counsel for the petitioner submitted that the learned trial Court without making any inquiry fixed the provisional rent @ Rs.600/- per month, which is on higher side. Considering the fact that the premises in question is at Geeta Chowk, near Patnipura Main Road, Indore and this fact has been considered by the trial Court while deciding application under Section 13(2) of the M.P. Accommodation Control Act, 1961, this Court is of the view that the learned trial Court has not committed any illegality or material irregularity in fixing the provisional rent @ Rs.600/- per month, subject to decision of the civil suit. Order under sub-Section (2) is a provisional order on a summary inquiry any finding in it shall not affect the decision of the issue on merits of the case. In view of the aforesaid, no case for setting aside the impugned order, as prayed for by the petitioner, is made out. This civil revision by the tenant has no merit and is, accordingly, dismissed in limine. rcs* (P.K. Jaiswal, J.)