ASHA RAM Vs. SHRI MEWARA KSHATRIYA SAMAJ

JUDGEMENT

(1.) HEARD learned counsels for the parties. 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 15.11.2011 in Civil Original Suit No. 108/1999 - Shree Mewara Kshatriya Samaj vs. Asha Ram.

(2.) THE suit was filed by the plaintiff - respondent Shree Mewar Khatriya Samaj for fixation of standard rent in respect of the suit shop No. 5 measuring 10 x 24 ft = 240 Sq. ft. situated at main market area of the city i.e. Chopasni Road, Jodhpur, which was initially given on rent to the defendant - appellant to Shri Asha Ram s/o Shri Ghewar Chand @ Rs. 1,000/ -.

(3.) THE appellant - defendant has approached this Court by way of present appeal assailing the said judgment and decree on the ground that the market rate of rent prevailing during this period was less and the defendant had led evidence before the court below that the shops owned by the same plaintiff Shri Mewar Kshatriya Samaj were given at lesser rent. Learned counsel for the appellant - defendant, Mr. Jitendra Chopra relying upon two decisions of this Court in the cases of Brahma Nand vs. Durga Prashad and others reported in, 2004 (3) RLW Raj. -1569 and Lalchand vs. Rameshwarlal reported in, 2003 (1) DNJ (Raj.) 98, submitted that the rent fixed under Section 6(3) of the Old Rent Control Act, 1950 has to be based on the basis of prevailing / standard rent for similar premises in the same locality, the various amenities, cost of construction, maintenance etc. and, therefore, the rent fixed by the court below deserves to be reduced on the basis of the evidence adduced by the appellant - defendant.