LAWS(RAJ)-2012-8-57

BUDH SINGH Vs. MEWARA KSHATRIYA SAMAJ

Decided On August 06, 2012
BUDH SINGH Appellant
V/S
MEWARA KSHATRIYA SAMAJ Respondents

JUDGEMENT

(1.) HEARD learned counsels for the parties.

(2.) THE present first appeal filed by the appellant � defendant under Section 96 of Code of Civil Procedure is directed against the judgment and decree of the court below of learned Additional District Judge No.1, Jodhpur dated 13.07.2011 in Civil Original Suit No.105/1999 � Shree Mewara Kshatriya Samaj vs. Budh Singh.

(3.) HAVING heard learned counsels and upon perusal of the reasons given by the court below discussing the relevant evidence, this Court is of the opinion that the standard rent fixed by the court below is perfectly just and reasonable and is based on cogent evidence led by the plaintiff � respondent and the judgments relied upon by the defendant � appellant are distinguishable and the same do not apply to the facts of the present case. The Chopasni Road of Jodhpur City is even main business line road of the City. This shop size can even fetch more rent, than the standard rent fixed by the court below. The court below after considering the evidence led by the landlord, fixed reasonably at the aforesaid rent @ Rs.2,500/- per month from the date of filing of the suit i.e. 16.10.1999 and @ Rs.4,000/- from the date of decree dated 13.07.2011. There is no force in the present appeal, the same is accordingly dismissed. No costs.