RADHA RAMAN Vs. GOKAR NATH

JUDGEMENT

(1.) THESE are connected revision applications by the tenant and the landlords respectively against an appellate order of the learned District Judge Jaipur City fixing the rent of the premises in dispute at Rs. 30/- per month under sec. 6 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act ).

(2.) THE suit was instituted by the tenant on two grounds. THE first ground was that part of the leased premises were not given into his possession by the landlords on a false pretext and the second ground was that the agreed rent was excessive taking into consideration the rent of similar accomodation in the locality. During the course of evidence the tenant gave up the first ground and admitted that he was in possession of all the property leased to him. He did not produce any evidence to show what the rent of similar premises in the locality was. THE trial court decreed the suit on the ground that the tenant had failed to prove that the rent was excessive.