1. These are petitions against the decree passed by the Judge, Small Cause Court, Indore, in suits for recovery of rent. The defendant therein admitted the rent notes on which the suits were founded but contended that the landlord could not, by reason of the provisions of the Indore House Rent Control Order claim more than 35% of the rental value as entered in the House Tax book of the municipality. A prayer was made for stay of the suits on the ground that an application had been made to the Rent Controller for determination of the fair rent under S.4, Rent Control Order. The learned Judge overruled the contention and decreed the suits on the basis of the rent note.

2. The Rent Controller has jurisdiction under the Rent Control Order to determine the fair rent; but the remedy for recovery of unpaid rent has to be sought in civil Courts. One of the material questions and the most important one in such cases is regarding the quantum of rent revoverable by the landlord, and where a special tribunal is created for the determination of the question, the jurisdiction of civil Courts must be deemed to have been taken away pro tanto, while such a tribunal exists; and if the determin