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1989 Supreme(MP) 133

K.K.VERMA, R.C.LAHOTI
RIDH KARAN PATNI – Appellant
Versus
JAGDISH PRASAD AGARWAL – Respondent


Advocates Appeared:
B.S.Agrawal, U.K.JAIN

K. K. VERMA, J.

( 1 ) SENSING a conflict between Jagdish Chandra v. Sara Bai, 1984 MPRCJ (Note) 105, dated 13-3-1984 of Muley, J. and 'phool Chandra Garg v. Ram Narain' in C. M. A. No. 85 of 1974, (G) decided by. Rampal Singh, J. , on 28-6-1985, on the interpretation of sub-s. (6) of S. 12 of the M. P. Accommodation Control Act, 1961 (Act 41 of 1961) - hereinafter 'the Act'-, the learned single Judge, Dr. T. N. Singh, J. , stated the following question for decision by a larger Bench. "whether it is obligatory on the Court passing the decree for eviction to make an order for determination of "standard rent" in accordance with the provisions of S. 7/10 of the M. P. Accommodation Control Act before passing an order of compensation payable to the landlord and before landlord's obtaining possession of the concerned premises, or the order for compensation may be passed on the basis of agreed or contractual rent, according to the terms of the tenancy between the parties?" ( 2 ) FOR a focal adjustment and then to find the focal point of the reference and the required answer-thereto, we have to bear in mind that the order of reference contains no admitted/proved facts and circumstances of t























































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