YAR MOHAMMAD Vs. ROSHAN LAL

JUDGEMENT

(1.) THIS is a plaintiff's revision against the order of the Munsiff Magistrate, Udaipur City, dated 15th December, 1970, and has arisen in the following circumstances.

(2.) THE petitioner plaintiff filed a suit for the fixation of standard rent of a shop on 3 -6 -67 in the court of Munsiff Magistrate, Udaipur City, against the non petitioner defendant. On 4 -7 -67 the plaintiff petitioner filed an application for determination of the provisional rent under Section 7 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The Munsif, vide his order dated 14 -12 -67, fixed the rent at Rs. 45/ - p.m. and the plaintiff -petitioner started depositing provisional rent in the court regularly. On 3 9.70 the defendant non -petitioner filed an application under Section 7 Sub -section (4) of the Act alleging that the plaintiff had not paid the provisional rent by the 15th of every month and asserted his right to eject the petitioner plaintiff. The plaintiff petitioner opposed the application and denied the default attributed to him. It was also pleaded by the plaintiff that he could not be ejected in a suit which was only for the fixation of the standard rent. The Munsif observed that defendant non -petitioner's claim to get the plaintiff petitioner ejected could be ' decided in context of the present suit. He, however, directed that the defendant non -petitioner's application be treated as a cross suit and be tried as such. The Munsiff also directed the recovery of the court fee. Aggrieved by this order, the plaintiff petitioner has filed the present revision application.

(3.) WITH these directions, the revision stands disposed of as above with no order as to costs.