( 1 ) THE tenant filed in the trial Court an application under sec. 11 of the Bombay Rent Act for fixing the standard rent of the suit premises. The contractual rent of the suit premises is Rs. 15. 00 per month. The learned trial Judge however on an interim application made by the tenant fixed the interim rent at Rs. 75. 00 per month.

( 2 ) IT is that order which is challenged by the tenant in this civil revision application.

( 3 ) IN my opinion if the contractual rent is Rs. 15. 00 interim rent cannot be fixed at Rs. 75. 00 per month. In other words the interim rent which a Court may fix cannot exceed the contractual rent. A Court has jurisdiction under sec. 11 of the Bombay Rent ACT to fix the standard rent. It may do so by reducing the contractual rent or by confirming the contr- actual rent as standard rent. It has no jurisdiction to fix the standard rent which exceeds the contractual rent unless the landlord proves that the contractual rent is nominal or is concessional on account of certain special circumstances. Therefore since the Court has ordinarily no jurisdiction to fix the standard rent which exceeds the contractual rent interim rent which exceeds the contractual rent also cannot be fixed because interim rent operates only during the pendeney of the proceeding until the standard rent is fixed.

( 4 ) IN that view of the matter the impugned order cannot be sustained. I therefore modify the impugned order and fix the interim rent at Rs. 15. 00 per month. The civil revision application is therefore allowed and Rule is made absolute with no order as to costs. The tenant shall be at liberty to deposit within four weeks from to-day all arrears of rent in the trial Court at the rate of Rs. 15. 00 per month which I have fixed as interim rent. Application allowed.

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