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1996 DIGILAW 1033 (RAJ)

Ramesh Kumar v. Prem Kumar

1996-09-12

P.C.JAIN

body1996
JUDGMENT 1. - The defendant-petitioner has filed this revision petition under section 115 CPC against the order dated 19.7.1996 passed by the learned District Judge, Jaisalmer whereby the learned District Judge dismissed the appeal filed by the petitioner against the order dated 1.6.1996 of the learned Civil Judge (Junior Division), Jaisalmer deter,mining the provisional rent under section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act (No. XVII of 1950). 2. The plaintiffs non-petitioners filed a suit for ejectment and arrears of rent against the defendant non-petitioner inter alia on the ground of default committed by the petitioner in payment of rent. The trial Court determined the provisional rent at Rs. 500/-, which also includes the rent of furniture under section 13(3) of the Act. Against that order, the petitioner filed an appeal which too was dismissed by the learned appellate Court on the ground that the petitioner could not produce prima facie material for believing that he had returned all the furnitures to the plaintiffs-non-petitioners. The learned appellate Court held that the provisional rent was correctly determined by the learned trial Court. 3. I have heard the learned counsel for the petitioner and have carefully gone through the record of the case.The learned counsel for the petitioner contended that the learned trial Court ought to have determined the provisional rent under section 13(3) of the Act after excluding the estimated rent of furniture from the rent of the premises. Determination of standard rent or basic rent is made under the provisions of Sections 5, 6 & 7 of the Act only on the basis of 'rent'. 4. In my opinion, the contention of the learned counsel for the petitioner is without any substance. Determination of standard rent or basic rent is made under the provisions of Sections 5, 6 & 7 of the Act only on the basis of 'rent'. 4. In my opinion, the contention of the learned counsel for the petitioner is without any substance. The word "premises" has been defined in Section 3(v) of the Act means any land not being used for agricultural purposes and any building or part of a building other than a farm building let or intended to be let for use as a residence or for commercial use or for any other purpose, including the gardens, grounds, godowns, garages and .ut houses, if any appurtenant to such building or part and any furniture supplied by the landlord for use in such building or part and any fitting, affixed to and amenities provided in such building or part for the more beneficial enjoyment thereof, and any land appurtenant to and let with any such building or part, but does not include a room or other accommodation in a hotel, dharamshala, in, sarai, lodging house, boarding house or hotel. 5. A perusal of the above definition clearly shows that the definition of premises also includes the furniture supplied by the landlord for use in such building. Hence, the furniture that has been supplied by the petitioners in the above premises cannot be charged separately because the above furniture will be treated as 'premises'. Hence, the Courts below have not committed any jurisdictional error in determining the provisional rent. 6. In the result, there is no force this revision petition and it is hereby dismissed summarilyRevision petition dismissed. *******