SADIQ MOHAMMED Vs. PARVATI DEVI

JUDGEMENT

(1.) THIS appeal has been filed under Section 22 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (in short, referred to hereinafter as `the Act') by the defendant-tenant feeling aggrieved by order dated 23. 03. 2002 of the learned Addl. District Judge No. 2, Jodhpur whereby the trial Court has passed order under Section 7 of the Act fixing provisional rent.

(2.) BRIEFLY stated, facts of the case to the extent they are relevant and necessary for the decision of this appeal are that: the defendant-appellant is plaintiff-respondent in shop No. 2 since 1972. The plaintiff-respondent brought up suit under Section 6 of the Act for fixing standard rent. Alongwith the plaint, the plaintiff also moved in application under Section 7 of the Act for fixing provisional rent. Both the parties filed affidavits in support of their respective contentions and, on the basis of material on record, the trial Court vide order impugned dated 23. 03. 2002 fixed provisional rent at the rate of Rs. 1,000/- per month.