UMA DEVI Vs. NOORUDDIN

JUDGEMENT

(1.) HEARD Shri J. S. Rastogi on admission. The facts of the case are that the non-petitioner-tenant has filed the suit against the petitioner-landlady for fixation of standard rent under Section 6 (1) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred as the "act" ). In the plaint, a copy of which has been placed before the Court by the learned counsel for the petitioner, prayer has been made to fix the standard rent at the rate of Rs. 30/- per month. The learned counsel submits that the entire suit is based on sub-section (2) of Section 6 and standard rent is sought to be fixed on the guidelines contained in clauses (a) & (b) of sub-section (2) of Section 6 of the Act. The learned counsel further submits that a Division Bench of this court in Khem Chand vs. State of Rajasthan & Anr. (1) has struck down sub-section (2) of Section 6 of the Act as ultra vires the Constitution. According to the learned counsel, therefore, the suit which is based on provisions of sub-section (2) of Section 6 should have been dismissed after hearing arguments alone and there was no need of further trial in the suit after framing issues.

(2.) THE Trial Court has taken the view that despite the declaration of sub-section (2) of Section 6 of the Act to be ultra vires and unconstitutional, he will still have to determine in, what was the agreed rent between the parties and what should be the standard rent. According to the learned Trial Court, the issue can be determined only after taking evidence of both the parties on the point.