Order U/S 10 MP Accommodation Control Act Determining Rent Not Executable; Landlord Ought To File Civil Suit To Recover Arrears: High Court

The Madhya Pradesh High Court recently observed that an order passed under Section 10 of the Madhya Pradesh Accommodation Control Act, 1961 is not executable and that in order to recover the arrears, the landlord would have to file a suit for recovery.

Section 10 of the Madhya Pradesh Accommodation Control Act, 1961 provides for the Rent Controlling Authority to fix standard rent, etc.

The bench comprising Justice G.S. Ahluwalia made the aforesaid observation by placing reliance on the decision of the Court in Triveni Bai (Smt.) v. Smt. Vimla Bai-

The Coordinate Bench of this Court in the case of Triveni Bai (Smt.) (supra) has held that the order passed under Section 10 of M.P. Accommodation Control Act is not executable and if the landlord wants to recover the arrears, then he has to file a civil suit…The Coordinate Bench of this Court in the case of Triveni Bai (Smt.) (supra) has held that the order passed under Section 10 of M.P. Accommodation Control Act is not executable and if the landlord wants to recover the arrears, then he has to file a civil suit.

Facts of the case were that an order under Section 10 of the Act of 1961 was passed by the Rent Controlling Authority thereby determining the standard rent. An appeal was pending against the said order. The order of fixing standard rent was put for execution before the trial court. In the execution proceedings, the Petitioner filed an application for stay on further proceedings. However, the application of the Petitioner was rejected. Aggrieved, the Petitioner moved the Court.

The Petitioner submitted before the Court that an order under Section 10 of the Act of 1961 is not executable under Section 35 of the Act of 1961.It was averred that in order to execute the order passed under Section 10, the landlord would have to either file a suit for recovery of arrears or a suit for eviction.

Examining the submissions of parties and documents on record, the Court found merit in the submissions of the Petitioner. It observed that the trial court had erred in not staying the execution proceedings for that an order under Section 10 of the Act of 1961 is not executable.

With the aforesaid observations, the petition was allowed and the further proceedings before the trial court vis-à-vis execution proceedings were stayed till the pendency of the appeal. Accordingly, the matter was disposed of.

Cause Title: Vipin Kumar Mehta v. Raj Kumar Jain [M.P. 4844/2021]

Case Citation: 2023 LiveLaw (MP) 61

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