Section 11 in The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947
11. Court may fix standard rent and permitted increase in certain cases.
(1)In any of the following cases the Court may, upon an application made to it for that purpose, or in any suit or proceeding, fix the standard rent at such amount, as, having regard to the provisions of this Act and the circumstances of the case, the Court deems just-(a)where any premises are first let after the [specified date] [These words were substituted for the words and figures 'first day of September, 1940', Gujarat 57 of 1963, section 11(1).] and the rent at which, they are so let is in the opinion of the Court excess; or(b)where the Court is satisfied that there is no sufficient evidence to ascertain the rent at which the premises were let in any one of the cases mentioned in sub-clauses (i) to (iii) of clause (b) of the sub-section (10) of Section 5; or(c)where by reason of the premises having been let at one time as a whole or in parts and at another time in parts or as a whole, or for any other reasons, any difficulty arises in giving effect to this part; or(d)where any premises have been or are let rent-free or a at nominal rent or for some consideration in addition to rent; or(e)where there is any dispute between the landlord and the tenant regarding the amount of standard rent.(2)If there is any dispute between the landlord and the tenant regarding the amount of permitted increase the Courts may determine such amount.(3)[ If any application for fixing the standard rent or for determining the permitted increase is made by a tenant who has received a notice from his landlord under subsection (2) of Section 12, the Court shall make an order directing the tenant to deposit in Court forthwith, and thereafter monthly or periodically, such amount of rent or permitted increases as the Court considers to be reasonably due to the landlord pending the final decision of the application, and a copy of such order shall be served upon the landlord. Out of the amount so deposited, the Court may make order for the payment of such reasonable sum to the landlord towards payment of rent or increase due to him, as it thinks fit. If the tenant fails to deposit such amount, this application shall be dismissed.(4)Where at any stage of suit for recovery of rent, whether with or without a claim for possession of the premises, the Court is satisfied that the tenant is withholding the rent on the ground that the rent is excessive and standard rent should be fixed, the Court shall, and in.any other case if it appears to the Court that it is just and proper to make such an order the Court may, make an order directing the tenant to deposit in Court forthwith such amount of rent as the Court considers to be reasonably due to the landlord. The Court may further make an order directing the tenant to deposit in Court, monthly or periodically, such amount as it considers proper as interim standard rent during the pendency of the suit. The Court may also direct that if the tenant fails to comply with any such order within such time as may be allowed by it, he shall not be entitled to appear in or defend the suit except with leave of the Court which leave may be granted subject to such terms and conditions as the Court may specify.(5)No appeal shall lie from any order of the Court made under sub-section (3) or (4).(6)An application under this section may be made jointly by all or any of the tenants interested in respect of the premises situated in the same building.] [These sub-sections were substituted for sub-section (3) by Gujarat 57 of 1963, section 11(2).]
