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2003 DIGILAW 806 (RAJ)

Krishna Gopal Gupta S/o Ghanshyam Gupta v. Manju Bansal W/o Ashok Kumar Bansal

2003-05-26

HARBANS LAL

body2003
JUDGMENT 1. - The instant civil miscellaneous appeal under section 22 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (in short 'the Act') is directed against the order dated 16.4.2003 passed by the learned District Judge, Sawaimadhopur in C.O.S. No. 44/2002 whereby the provisional rent has been determined under section 13(3) of the Act. 2. Briefly stated, the relevant facts are that the plaintiff-respondent instituted a suit for eviction and arrears of rent in the learned trial Court with the averments that the house described in para 1 of the plaint situated in Maharana Pratap Colony, Sawaimadhopur, was let out on 7.8.2000 to defendant-appellant on a monthly rent of Rs. 2,200/- p.m. who executed a rent note in her favour but he failed to make payment of rent w.e.f 7.8.2000. The defendant-appellant contested the suit by filing written statement on 3.1.2003 and denying the averments made in the plaint. As the suit was also based on the ground of default in payment of rent under section 13(1)(a) of the Act, the learned trial Court after hearing the parties determined the provisional rent vide impugned order dated 16.4.2003, on the basis of the pleadings of the parties, their examination examining u/O. 10 CPC and other materials on record. Aggrieved by the said order, the defendant-appellant has preferred this appeal. 3. I have heard learned counsel for the appellant on the admission of this appeal. He has contended that the trial Court has determined the provisional rent under section 13(3) of the Act, without deciding the question of relationship between landlord and tenant and the issue of title to the suit property. 4. I have perused the impugned order and have also given my anxious and thoughtful consideration to the submissions made at the bar. 5. Section 13(3) of the Act casts a duty on the Court to determine the amount of rent if the suit for eviction is based on the ground of default set forth in clause (a) of sub-section (1) of Section 13 with or without any other ground. The rent is to be determined under this sub-section after hearing the parties and on the basis of the material on record and the same is to be calculated at the rate at which it was last paid or was payable for the period for which the tenant has made the default. The rent is to be determined under this sub-section after hearing the parties and on the basis of the material on record and the same is to be calculated at the rate at which it was last paid or was payable for the period for which the tenant has made the default. The determination of rent under this sub-section is provisional subject to adjustments, corrections and modifications subsequently when the suit is finally disposed of. The object of sub-section (3) of Section 13 of the Act is to afford a protection to the tenant and give him one more opportunity to make the payment of the arrears of rent to avoid his liability from eviction. 6. The Court below has after hearing the counsel for the parties and on the basis of the pleadings of the parties, the material available on record and their examination u/O. 10 CPC and after taking into consideration the contentions raised before it determined the provisional rent of Rs. 76,200/- including the interest which was due and payable w.e.f 7.8.2000 at the rate of Rs. 2,200/- p.m. and has directed the defendant to deposit the aforesaid amount within 15 days of the determination. The learned counsel for the appellant could not point out any illegality or impropriety in the order impugned. The issue with regard to the title and relationship of landlord and tenant between the parties can appropriately be dealt with in the suit after taking evidence of the parties. The learned Court below has prima facie found that there is the relationship of landlord and tenant between the parties. There is no valid and cogent reason to take a different view from the one taken by the Court below.In this view of the matter, therefore, I do not find any merit and substance in this appeal and the same deserves to be and is hereby dismissed summarily.Appeal dismissed. *******