Bapna, J.—This is a revision against a decree passed by the learned Small Cause Court Judge, Alwar, dated 11-8-1951.

2. The not-petitioners Bhonerylal and Ramdayal sued the petitioner Pannalal on 22-11-49 for payment of Rs.200/-on the allegatins that the petitioner had taken a shop of the not-petitioners on rent on 26th Sept., 1948, in the town of Alwar with a stipulation to pay was in occupation under the said agreement from 1-10-48 to 1-9-1949, and during this period paid only Rs.130/- towards rent. They, therefore, claimed the balance of the rent under the agreement admitted the tenancy, and the agreement to pay Rs.30/- p.m., as also the period during which he was in occupation of the shop, but pleaded that the rent was excessive, and the landlord had later agreed to accept Rs. 10/- p.m. It was said that this was fair rent permissible under the Matsya Premises (Rent Control) Ordinance, 1948 (No. X of 1948), and the landlord was not entitied to any sum in excess of the rent at the aforesaid rate. The said pleas were taken on 16th January, 1950. The learned Small Cause Court Judge rejected the pleas of the defendant on the ground that he should have made an application to the Contr

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