...Control Tribunal confirming the order dated 7th April, 1980 of the Additional Controller fixing the interim rent of the suit premises at Rs. 201.60 per month with effect from 1st April, 1980,The Appellants took on ...appeal.Learned counsel for the appellants has raised two questions: (i) that the interim rent of Rs. 201.60 is excessive and (ii) that the interim rent should be made effective within the meaning of S...regarding fixation of standard rent is still pending and it is only a temporary arrangement that the Additional Controller determined the estimated cost of construction at 32.25 and determined the interim...

...protection of Rent Act. In the suit filed by the respondent-landlord subsequent to the filing of application for fixation of fair rent an application was moved for an interim stay of further proceedings in the...application before the Rent Controller for fixation of fair rent. Learned counsel on both sides agree that if fair rent is fixed in an amount exceeding Rs 500 per month such a tenant is not entitled to...suit till the disposal of the application for fixation of fair rent pending before the learned Rent Controller. This application was rejected and a revision petition at the instance of the appellant...

...Control Act, 1958 (hereinafter called the Act) which runs as under:Fixation of interim rent. — If an application for fixing the standard rent or for determining the lawful increase of.... In the meanwhile, an appeal was filed by the present appellant against the order of the Controller fixing the interim rent. But the Tribunal dismissed the appeal. Hence this second appeal against the fixation of...postponed by the Controller, but the order fixing the interim rent has to be passed immediately after the application under section 9 comes before him. In my view, the words “pending final decision on the application” indicate the f...

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...petitioner for fixation of interim rent. It appears that no order was passed on the application by the trial Court On August 29, 1974, the respondent/landlord filed an application in the suit instituted by him...the Expln. 1 of S. 12, but it is obligatory on the tenant to get the interim rent determined forthwith. The learned District Judge also held that as the petitioner did not apply for fixation of...that mere filing of the application under Sec. 11(3) of the Rent Act by the petitioner without seeking fixation of the interim rent forthwith, indicates that the...

...herein. In the said suit, the Trial Court determined the interim rent payable by the respondents, which was affirmed by the First Appellate Court. Against the said fixation of interim rent by the Trial...determined interim rent as per provisions of Section 13(3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter for short the "Act"). We need not go into the chequered...the Code Of Civil Procedure, the High Court ought not to have entertained the revision petition filed by the respondents as the order of fixation of rent was purely an interlocutory order. Be...

....”Section 10 provides for fixation of interim rent in an application for determination of standard rent. That section states:...deposits interim rent as required by Section 15(3) and an application for fixation of standard rent is not payment or deposit required by Section 15. In any event by virtue of the proviso to sub-section...that in no case the date so specified shall be earlier than one year prior to the date of the filing of the application for the fixation of the standard rent...

...and had also made an application for fixation of standard rent; and clause (b) of the same sub-section did not apply because no interim standard rent had been fixed by the Court. As regards the...had made an application for fixation of standard rent, which was still pending at the time of passing of the decree. By admitting to pay the arrears of rent and mesne profits at the rate of Rs 15 per...month, the tenant had clearly withdrawn or abandoned his application for fixation of standard rent. The admission in the compromise was thus as admission of the material facts which constituted a...

...appellant made applications on 24-12-1977, 15-1-1980, 9-12-1980 and 27-1-1981 for fixation of interim rent, the trial court passed an order only on 27-1-1981 fixing the interim rent at Rs 20 per month and...submitted by Mr Tarkunde, learned Counsel for the appellant that the appellant had deposited well within time the entire arrears of rent on the basis of the interim rent fixed by the trial court and had...in the deposit of the interim rent after the initial deposit of arrears was made by the appellant, and he was not entitled to the protection of the Bombay Rent Act and was liable to be evicted on the...

...barred by time was erroneous and praying that the said amount Rs. 400/- should be decreed in her favour.The interim rent at the rate of Rs. 125/- per month, as already stated, was fixed by the Additional Con..., had become irrecoverable on the fixation of the interim rent. On the dismissal of the proceedings in which the interim rent was fixed and standard rent, as already held, not being capable of bei...fixation of standard rent under the Delhi Rent Control Act, 1958, herein called ‘the Act’, for the premises in dispute, which had been taken on rent in 1958. An application under section 15 (2) of the Act...

...fixed as standard rent. The petition was contested by the respondent and he denied the various allegations made by the appellant. On the question of fixation of interim rent under Section 10 of the...to give immediate relief to the applicant pending final fixation of the amount of standard rent. He therefore submits that the contractual rent cannot be legally fixed as interim rent. The wordings of Sect...commencement of cost of construction. This petition for fixation of standard rent was filed in September, 1984 but not material was placed by either party to enable the Controller to fix the interim rent...

...he denied the various allegations made by the appellant. On the question of fixation of interim rent under Section 10 of the Act the Controller and the Tribunal held that there was no evidence to fix...the contractual rent cannot be legally fixed as interim rent. The wordings of Section 10 cast a duty upon the Controller to specify the amount of rent payable by the tenant to the landlord pending final decision of...was placed by either party to enable the Controller to fix the interim rent. In the absence of any material it was not possible for the Controller to fix the interim rent. In Shivcharan Das v. Mehar Singh...

...10, which provides for fixation of interim rent, when an application of fixing the standard rent is made under section 9. The Controller is required under Section 10, to, as expenditiously as possible...(3) further require the fixation of interim rent in relation to the premises, which obviously is that which is referred to in section 10 of the Act.9. In the present case, an application for fixation...the fixation of interim rent under Section 10. This being the case, section 15 (3) does not come into play, as neither there would be the possibility of fixation of standard rent, nor any occasion for...

...sustained and is set aside. The case is reminded to the Additional Controller for decidig what was the rate at which the rent was last paid and fixing that rate of rent as the interim rent, if section does not act .../- per month. He, however, asserted that the standard of rent the premises would be Rs. 7/- per month He therefore, asked for the fixation of standard rent at that rate. The Additional Controller fixed Rs.... 25/- per month as the interim rent under section 15(3) of the Act and directed the respondent to pay the arrears of rent with effect from October 1, 1962 within a month and, also future rent at the...

...Controller. On July 15, 1970, the respondents made an application to the Rent Controller praying for a direction to the appellant to deposit the interim rent fixed by the Rent Controller within a time to be fixed a...interim rent fixed by the Controller under section 10 of the Act in an application for fixation of standard rent filed under section 9.Shamsher Bahadur, J. who decided Sheo Chand Rai Ram...provision in section 10 has induced the learned counsel to argue that though the interim rent in the present instance could have been fixed under section 10, the direction, that its payment should be made within one month is unenfor...

...fixation of standard rent, when the respondent filed a civil suit for his ejectment. Now, taking advantage of this order of interim rent, fixed by the Rent Controlling Authority, the respondent is..., necessary first to reproduce section 11 of ‘the Act’ which is as follows:—“Section 11. Fixation of interim rent. — If an application for fixing the standard rent or for determining the lawful...rent. The wordings of the section also shows the interim rent is only fixed for the time being till the final order is passed. The effect of passing of an order of fixation of interim rent during ...

...rent from the respondents and on their refusal to pay rent, they filed a suit for eviction of the respondents herein. In the said suit, the Trial Court determined the interim rent payable by th...the appeal filed by the respondents herein against the order of Trial Court which had determined interim rent as per provisions of Section 13(3) of the Rajasthan Premises (Control of Rent...interim rent by the Trial Court, which was affirmed by the First Appellate Court, the...

...20th December 1961 the defendant-tenant made an application before the trial Court for fixation of the standard rent and for determining the interim rent which he should deposit in the Court. No order...for possession could not be sustained. The appellate Court also observed that in the present case the defendant had applied for fixation of standard rent and had applied to get the interim rent fixed and the only i...1961 the tenant made an application for fixation of the standard rent and also for fixation of interim rent to be paid by him on 20th December 1961 during the period of one month under Section 11 (3...

...-tenant filed an application for fixation of interim rent, presumably under S. 11(3) of the Bombay Rent Act. The learned trial Judge fixed the interim rent of Rs. 1575/-...) gives the Court under the Act power to fix the amount of permitted increases. Sec. 11(3) of the Act then provides for fixing of interim rent, obviously at the behest of a tenant who has filed an application for fixation o...landlord chooses to give a notice under S. 12(2) of the Act, it will be open for the tenant to seek fixation of interim rent under S. 11(3) of the Act.4. We have to set aside the order of...

...not apply for fixation of interim rent and remained contended by merely filing an application for fixation of fair rent. Therefore, according to him in view of the judgments relied upon by him, the...for the Court to pass orders for fixation or payment of interim rent and if the Court does not pass any such order, no liability can be said to be incurred by the tenant.8. Justice Daud...habitual defaulter when in fact the tenant had not after filing his application for fixation of fair rent paid or deposited the arrears of rent in the Court. Mr. Thorat relied upon the judgment of Justice...