S.C. Pandey, J.

1. This is an appeal filed by the appellant under Section 32 of the M.P. Accommodation Control Act, 1961 (henceforth 'the Act' for short), against the order dated 3.2.95, passed by IIIrd Additional District Judge, Jabalpur in M.C.A. No. 19/92, arising out of order dated 18.10.92, passed by the Rent Controlling Authority, Jabalpur, in Case No. 3-A/90- (1)/90-91.

2. The respondents filed an application under Section 10 of 'the Act' before the Rent Controlling Authority, Jabalpur. In the application, it was stated that the rent was Rs. 400/- but it should have been Rs. 1400/- and this was the prayer that the standard rent should have been fixed at Rs. 1400/-. The applicant, however, raised a preliminary objection by filing an application that the Rent Controlling Authority, cannot proceed to decide the application under Section 10 of 'the Act' until and unless a notice, as provided under Section 9 of the 'the Act', is given to the tenant by the landlord. The Rent Controlling Authority rejected the objection of the appellant. In appeal, the order of the Rent Controlling Authority was maintained.

3. I have heard learned counsel for both the parties. In this appeal, the