PUSHPA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant � plaintiff � landlord has filed the present first appeal under Section 96 C.P.C. being aggrieved by the judgment and decree of the learned District Judge, Udaipur dtd.19.11.1998 passed in Civil Original Suit No.180/1995 � Smt. Pushpa Sharma V/s State of Rajasthan and ors. seeking enhancement of the rent in question as per government Notification dtd.2.1.1990, which has been quoted by the learned court below in its judgment under appeal. The said notification reads as under:

(2.) THE premises in question is a residential house situated at Bhupalpura, Udaipur was let out to the State Government, Department of Medical and Health on 1.6.1984 at the monthly rent of Rs.729/-. The rent was enhanced by the mutual agreement between the parties on 29.6.1985 to Rs.829/-. The plaintiff claimed enhancement of rent at the rate of 20% after expiry of 5 years from 1.4.1990 in terms of aforesaid notification dtd.2.1.1990. The vacant possession of premises in question has been handed over back to the landlord on 1.3.1998 and therefore, the dispute in the present case is limited to the determination of enhanced rent in terms of aforesaid notification for the period before 1.4.1990 to 1.3.1998 only.