JUDGMENT 1. - This first appeal has been filed by the appellant-plaintiff (landlord) for enhancement of standard rent against the judgment and decree dated 14.07.2006 of learned trial court of Additional District Judge (Fast Track), No.2, Jodhpur in Civil Original Suit No. 132/2004- Rameshwar Singh v. Gheesu Lal @ Gheesu , whereby the learned trial court has fixed standard rent of the suit premises, which is a plot of land, measuring 30'x 40', at Rs. 1,000/- (Rupee one thousand only) from the date of filing of the suit i.e. from 31.07.2002. 2. At that point of time, the respondent-defendant-tenant was paying monthly rent @ Rs. 225/- per month only and the learned trial court after discussing the relevant evidence on S.B. CIVIL FIRST APPEAL No.701/2006 Rameshwar Singh v. Gheesu Lal @ Gheesu Decision dt: 04/09/2012 2/4 page 6-7 of its judgment, has fixed the standard rent @ Rs. 1,000/- per month while deciding the Issue No.1. 3. Mr. R.K. Thanvi, Sr. Advocate, assisted by Mr. Narendra Thanvi, learned counsel for the appellant-plaintiff-landlord submits that valuation report of the suit property (Ex.P/1) was prepared by the PW.2, namely, M.C. Mehta (Chartered Engineer), according to which the valuation of the suit premises i.e. land in question is Rs. 19,05,000/- in the year 2002 though the valuation of the construction thereon was Rs. 12,218.95 only. The defendant-tenant was running a workshop of auto repairs in the suit premises. He further submits that the possession of the suit property has been handed over back to the plaintiff-appellant on 31.10.2010 and, therefore, the question with respect to payment of standard rent for the past period from 31.07.2002 till 31.10.2010, when the vacant possession was handed-over the plaintiff-landlord only remains. Learned counsel for the appellant-plaintiff-landlord, Mr. R.K. Thanvi, submitted that as per valuation report of the property in question, the plaintiff can fetch rent of the suit premises around Rs. 15-20 thousand per month, however, the learned court below has fixed the standard rent only at Rs. 1,000/- on the extraneous consideration of there being a "Harijan-Basti" near the plot of land in question and thereby S.B. CIVIL FIRST APPEAL No.701/2006 Rameshwar Singh v. Gheesu Lal @ Gheesu Decision dt: 04/09/2012 3/4 reducing the valuation of the rent for the suit premises. 4. On the other hand, learned counsel for the respondent-defendant, Mr. 1,000/- on the extraneous consideration of there being a "Harijan-Basti" near the plot of land in question and thereby S.B. CIVIL FIRST APPEAL No.701/2006 Rameshwar Singh v. Gheesu Lal @ Gheesu Decision dt: 04/09/2012 3/4 reducing the valuation of the rent for the suit premises. 4. On the other hand, learned counsel for the respondent-defendant, Mr. Jitendra Chopra, submits that the fair rent fixed by the learned court at Rs. 1,000/- of the suit premises from the date of filing of the suit i.e. 31.07.2002 is just and proper and same does not require any enhancement in the present first appeal. Learned counsel for the defendant-tenant also argued that even after 31.10.2010, the plaintiff-landlord has not utilised the said plot of land and has not constructed anything on that plot. 5. Having heard learned counsels for the parties and on the basis evidence adduced by the parties before the learned court below, this Court is of the opinion that the standard rent fixed by the learned court below in these circumstances, is rather low and the same deserve some enhancement. The valuation report given by PW.2, namely, Mr. M.L. Mehta, Chartered Engineer, which was also examined by the learned court below, is a proper yardstick to determine the fair rent, but the learned court below taking an over all view that the location of the suit property in question, is near "Harijan Basti" and may not fetch higher price and since the construction cost of existing construction on the land was very minimal Rs. 12,218.95 only, and the plot of land was being used S.B. CIVIL FIRST APPEAL No.701/2006 Rameshwar Singh v. Gheesu Lal @ Gheesu Decision dt: 04/09/2012 4/4 as workshop for repair of auto vehicles, has fixed the rent of Rs. 1000/- only. Though the rent cannot be fixed in these circumstances only on the basis of valuation of the land, taking payable interest income thereon likely to be fetched by the plaintiff as the yardstick, however, in the circumstances of the case and looking the fact that suit land is situated in busy and bustling area of Jodhpur in the main market, this Court considers it appropriate to enhance the standard rent from Rs. 1,000/- to Rs. 4000/- per month for the said period. 6. The present appeal of the plaintiff-appellant is accordingly partly allowed and the standard rent is enhanced from Rs. 1000/- to Rs. 1,000/- to Rs. 4000/- per month for the said period. 6. The present appeal of the plaintiff-appellant is accordingly partly allowed and the standard rent is enhanced from Rs. 1000/- to Rs. 4000/- for the aforesaid period i.e. 31.07.2002 till the 31.10.2010, on that date the vacant possession of the suit land has been handed over back to the plaintiff-landlord. The respondent-defendant is directed to pay the amount of arrears of rent @ Rs. 4000/- from 31.07.2002 after adjustment of rent already paid by now to 31.10.2010 within a period of three months from today. No costs. A copy of this judgment be sent to both parties and the learned court below forthwith.Appeal Partly allowed. *******