LAWS(RAJ)-2012-9-55

RAMESHWAR SINGH Vs. GHEESU LAL @ GHEESU

Decided On September 04, 2012
RAMESHWAR SINGH Appellant
V/S
GHEESU LAL @ GHEESU Respondents

JUDGEMENT

(1.) THIS first appeal has been filed by the appellant- plaintiff (landlord) for enhancement of standard rent against the judgment and decree dated 14.07.2006 of learned trial court of Additional District Judge (Fast Track), No.2, Jodhpur in Civil Original Suit No.132/2004- Rameshwar Singh Vs. Gheesu Lal @ Gheesu, whereby the learned trial court has fixed standard rent of the suit premises, which is a plot of land, measuring 30'x 40', at Rs.1,000/- (Rupee one thousand only) from the date of filing of the suit i.e. from 31.07.2002.

(2.) AT that point of time, the respondent-defendant- tenant was paying monthly rent @ Rs.225/- per month only and the learned trial court after discussing the relevant evidence on page 6-7 of its judgment, has fixed the standard rent @ Rs.1,000/- per month while deciding the Issue No.1.

(3.) ON the other hand, learned counsel for the respondent-defendant, Mr. Jitendra Chopra, submits that the fair rent fixed by the learned court at Rs.1,000/- of the suit premises from the date of filing of the suit i.e. 31.07.2002 is just and proper and same does not require any enhancement in the present first appeal. Learned counsel for the defendant-tenant also argued that even after 31.10.2010, the plaintiff-landlord has not utilized the said plot of land and has not constructed anything on that plot.