RAMESH LAMBA Vs. S P VISHNOI

JUDGEMENT

(1.) THIS is plaintiffs first appeal directed against the judgment and decree dated 30. 4. 1980 passed by the learned District Judge, Jaipur City, dismissing the suit of the plaintiffs, for fixation of standard rent.

(2.) PLAINTIFF-appellants filed a suit u/s 6 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the 'rent Control Act'), with the allegation that the appellant No. 1 took on rent the suit premises a house constructed on Plot No. B-94a, Sardar Patel Marg, Jaipur, on an agreed rent of Rs. 1250/- per month, for residence, w. e. f. 1. 12. 1972. Thereafter, rent was increased from 13. 12. 1974 to Rs. 1400/ -. The plaintiff No. 1 further mentioned in the plaint that this house was constructed after 1965 and was given on rent for the first time, to M/s. Hindustan Salts Limited, at the rate of Rs. 850/- per month. Therefore, it's basic rent is Rs. 850/- per month and hence, standard rent could also not be more than Rs. 850/- per month. The plaintiff requested the defendants to decrease the rent but they avoided and therefore, the plaintiffs prayed that a sum of Rs. 850/- per month may be fixed as the standard rent for the suit premises.

(3.) LEARNED trial court on the basis of the evidence, adduced by the parties, held that the defendants had been able to prove only that they spent Rs. 4500/-on the suit property for additions and alterations and that the agreed rent of Rs. 1400/- is reasonable and not excessive and therefore, dismissed the suit of the plaintiff. The Plaintiffs have filed the present appeal against the aforesaid judgment and decree.