Research › Browse › Judgment

Rajasthan High Court · body

1995 DIGILAW 930 (RAJ)

Parmanand v. M/s. Punjab Cloth House

1995-10-12

R.R.YADAV

body1995
JUDGMENT 1. - The present Civil Miscellaneous appeal has been filed against the order dated 17-8-92 passed by the learned Additional District Judge No. 2, Sri Ganganagar determining the provisional rent under sub-sec. (3) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. XVII of 1950). 2. The aforesaid suit was filed by the plaintiff-appellant on the ground, inter alia, that the defendant-tenant has not paid the rent from 7-10-89 to 6-5-90, therefore, he filed a suit for eviction against him on the ground of default. It is specifically alleged in the plaint that rate of rent is Rs. 1500/- per month. The tenancy starts from 7th day of calendar month and end on 6th day of each calendar month. 3. The tenant filed a counter-claim alleging rent at the rate of Rs. 850/- per month from the date of tenancy i.e. 7-4-1972. 4. The learned trial Court determined the provisional rent at the rate of Rs. 850/- per month by its impugned order., 5. Aggrieved against the impugned order of determination of provisional rent, the landlord-revisionist has filed the instant Misc. Appeal before this Court. 6. Heard the learned counsel for the parties. 7. The controversy involved in the present Misc. Appeal is squarely covered by a decision of this Court rendered by me in the case of Madan lal v. Laxrnan Dass (S/ B. Civil Misc. Appeal No. 270 of 1995) decided on 13-9-1995. The facts and circumstances of the present case are identical with the facts and circumstances of Madan Lal's case (supra). 8. The order impugned passed by the learned Additional District Judge is eminently just and proper and has been passed in consonance with the decision taken by this Court in the case of Madan Lal (supra).As a result of the afore-mentioned discussion, the instant Misc. Appeal lacks merit and it is hereby dismissed. In the peculiar facts and circumstances of the case, both the parties are directed to bear their own costs.Misc. Appeal dismissed. *******