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2006 Supreme(MP) 552
N.K. Mody, J.
Gumanmal Jain v. Nitin Kumar Maheshwari
Second Appeal No. 722 of 2004 (G); Decided on 21.4.2006.
R.S. Bansal for appellant; K.L. Gupta with S. Saxena for respondent.
Headnote:Accommodation Control Act, 1961 (M.P.) -- S. 10 (4) - standard rent fixed by first appellant Court found legal and proper - no interference called for in second appeal. [Para 2]
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1. Being aggrieved by the order dated 30.6.2004 passed by 8th Additional District Judge, Gwalior, whereby the order dated 15.10.2003 passed by Rent Controlling Authority. Gwalior in Case No. 5/2000-2001/90- 1 was modified and the standard rent has been fixed @ Rs. 650/- per month, instead of Rs. 850/- per month, the present appeal has been filed.
2. Short facts of the case arc that respondents filed an application before Rent Controlling Authority under section 10 (4) of M.P. Accommodation Control Act. 1961 for fixation of standard rent. Rent Controlling Authority fixed the standard rent @ Rs. 850/- per month. The accommodation is on second floor. Being aggrieved by the order passed by Rent Controlling Authority first appeal was filed. First Appellate Court after taking into consideration the rate of rent by the 'occupier of the ground floor @ Rs. 750/- per month and the rent of first floor @ Rs. 900/- per month. modified the rent and fixed standard rent @ Rs. 650/- per month, instead of Rs. 850/- per month. No illegality has been committed by the learned Court below, which can be corrected by this Court.
3. In view of this appeal stands dismissed.
