JUDGMENT 1. - The present Civil Misc. appeal has been preferred against the order dated 19.10.1992 passed by the learned District Judge, Udaipur sub-sec. (3) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as Act No. 17 of 1950). 2. Heard learned counsel for the parties. 3. Perused the order impugned. 4. It is urged by learned counsel for the appellant Mr. S.G. Ojha that indisputably, the premises in dispute is other than residential, therefore, basic rent of Rs. 345/- per month cannot be enhanced more than two and a half times. Accordingly to Mr. Ojha, if the amount of Rs. 345/- monthly rent is taken to be basic rent and it is enhanced upto two and a half times within the meaning of Section 6 of Act No. 17 of 1950 the monthly rent cannot exceed to Rs. 862.50 whereas learned District Judge has determined the monthly provisional rent at the rate of Rs. 1,150/- which is not sustainable in eye of law 5. In support of his aforesaid argument, learned counsel for the appellant Mr. Ojha invited my attention to the decision of this Court in case of Madan Lal v. Laxman Dass, reported in 1996(2) WLC (Raj.) 474 . 6. In rebuttal, the learned counsel for the respondent Mr. H.R. Panwar urged before me that the present controversy between the parties may be decided in the light of the decision taken by this Court in case of Madan Lal (supra). 7. From the aforesaid facts and circumstances of the case, I am fully satisfied that the present controversy is squarely covered by the decision rendered by this Court in case of Madan Lal (supra), therefore, the provisional determination of rent made by the learned District Judge under sub-sec. (3) of Section 13 of Act No. 17 of 1950 determining monthly rent of the premises in question to be Rs. 1,100/- is liable to be set aside within the expressions "last paid and payable" used under sub-sec. (3) of Section 13 of Act No. 17 of 1950. The appellant is liable to pay only Rs. 862.50 as monthly provisional rent not last paid monthly rent at the rate of Rs. 1,150/- which run counter to the mandatory provisions envisaged under section 8 of the said Act. 8. (3) of Section 13 of Act No. 17 of 1950. The appellant is liable to pay only Rs. 862.50 as monthly provisional rent not last paid monthly rent at the rate of Rs. 1,150/- which run counter to the mandatory provisions envisaged under section 8 of the said Act. 8. Learned counsel for the landlord-respondent urged before me that provisional determination of rent at the rate of Rs. 862.50 per month in view of the decision taken by this Court in case of Madan Lal (supra) will not effect the final determination of monthly rent on merit while deciding the suit as well as counter claim filed by the tenant disputing the rent paid by him. It goes without saying that the provisional determination of rent by this Court under sub-sec. (3) of Section 13 of Act No. 17 of 1950 will not affect the decision of the suit as well as counter claim filed by the tenant disputing the monthly rent paid to the land lord at the rate of Rs. 1,150/- per month.Consequently, the order impugned dated 19.10.1992 passed by the learned District Judge, Udaipur is hereby set aside and the instant Misc. Appeal is allowed with a direction to the tenant-appellant to pay monthly provisional rent at the rate of Rs. 862.50 instead of Rs. 1150/-. The excess rent paid by the tenant at the rate of Rs. 1,150/- per month would be adjusted against the future rent. Cost is made easy.Appeal allowed. *******