JUDGMENT 1. :- Calling in question the order dated Feb. 18, 1996 of the learned Additional District Judge No.4 Jaipur City whereby the provisional rent has been determined, the appellant has preferred this miscellaneous appeal under section 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short the Act). 2. The plaintiff respondent No.1 (for short the land lord) instituted a suit for eviction in respect of suit property against the defendant appellant (for short the tenant) in the trial court on the ground of default in making payment of rent. It has been averred in the plaint that suit property was let out to late Phagun Mal on rent at the rate of Rs. 950/- per month. The tenant did not pay rent since July 1, 1987 and committed default. The tenant on the other hand pleaded in the written statement that the suit property was let out on rent at the rate of Rs. 400/- per month and the tenant paid rent upto June 30, 1991. 3. Both the parties filed affidavit in support of their contentions and the learned trial court after appreciating the affidavits determined the provisional rent and directed the tenant to pay arrears of rent since July 1, 1987 till January 31, 1996 in the sum of Rs. 97,850/- and interest in the sum of Rs. 5871, total Rs. 1,03,721/-. The tenant was further directed to pay the rent of subsequent perird at the rate of Rs. 950/- continuously either to the land lord or deposit the same in the Bank account of the landlord. 4. I have bestowed my anxious consideration to the rival contentions and carefully perused the impugned order. 5. A bare perusal of section 13(3) of the the Act goes to show that it is the duty of the court to determine provisional rent after hearing the parties and on the basis of material on record. 6. In Ganesh Lal vs. Ladu Ram S.B. Civil Revision No. 216 of 1997 decided on 28.7.1997 this court indicated that 'material on record' includes 'averments of plaint'. While determining provisional rent the court has to see whether ground of default is properly set forth in the plaint ? and whether final decree in respect of arrears of rent can ultimately be passed by the court ? 7. While determining provisional rent the court has to see whether ground of default is properly set forth in the plaint ? and whether final decree in respect of arrears of rent can ultimately be passed by the court ? 7. In such a situation where oral tenancy is pleaded and rate of rent is disputed, to my mind controversy can not be resolved only by appreciating affidavits and counter affidavits of the parties. The court may examine the parties under Order 10 of the Code of Civil Procedure as is held by this court in Chhagan Lal vs. Ram Babu 1992 WLC (2) Page 254 . This court may also examine the house tax record related to suit property in order to ascertain the truth in respect of rate of rent. 8. In the case on hand the learned trial court has determined the provisional rent of the suit premises only after appreciation of affidavits of the parties, which cannot be said to be just and proper in the circumstances of the case. 9. Consequently, I allow the appeal and set aside the impugned order. The case is remitted back to the learned trial court for a fresh decision in respect of provisional rent of the suit property, in view of observations made herein above. Parties are directed to appear before the learned trial court on October 1, 1997. Costs easy.Appeal allowed. *******