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SUNITA YADAV
JAGDISH KUMAR S/o BABULAL KANCHAN – Appellant
Versus
SHAKEEL DAOOD – Respondent
| Table of Content |
|---|
| 1. factual background of the case and procedural history. (Para 1 , 2) |
| 2. arguments presented by parties regarding the legality of the order. (Para 3 , 4) |
| 3. court's analysis on the applicability of the law regarding interim rent. (Para 5 , 6 , 7 , 8) |
| 4. comparison of cited case laws with current case facts. (Para 9) |
| 5. final decision stating dismissal of the appeal. (Para 10) |
JUDGMENT : – This present appeal is filed under section 32 of the Code of MADHYA PRADESH ACCOMMODATION CONTROL ACT 1961 against the order dated 16-1-2018 passed by Seventh Additional District Judge, Gwalior in M.A.No. 1/2016, whereby the appeal filed under section 31 of the M.P. Rent Control Act, 1961 arising out of the order dated 24-11-2015 passed by Rent Controlling Authority in case No. 5/2014-15/90-1/Rent, whereby application under section 10 (4) of the MADHYA PRADESH ACCOMMODATION CONTROL ACT for grant of interim maintenance was allowed and the interim maintenance from Rs. 1,100/- per month to Rs. 4,800/- has been awarded.
2. The short facts leading to the present appeal are that the respondent/applicant filed an application before the respondent No. 2/Rent Controlling Authority Lashkar,
Advocates appeared :For the Appellant : Vivek Khedkar For the Respondent : Sumant Mishra
The central legal point established in the judgment is that the authority to issue directions for deposit or payment of rent to the landlord is conditional to the suit being for recovery of rent, as ....
A landlord cannot be denied the opportunity to be heard before the court fixes interim rent for a tenant where notice under S.12(2) of the Bombay Rent Act is not given.
The court established that once eviction proceedings are dismissed, landlords can claim contractual rents despite interim rates being set.
The Rent Controller has the authority to fix interim rent during eviction proceedings under Section 25 of the Punjab Rent Act, 1995, and the terms 'provisional' and 'interim' are interchangeable.
The Rent Controller does not have the power to decide the issue of landlord and tenant as a preliminary issue in a summary proceeding.
While making fixation rent of a building procedure prescribed has to be followed.
The central legal point established in the judgment is the requirement of the Presiding Officer of the Appellate Rent Tribunal to have not less than three years of experience as mandated by Section 1....
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