CHAGAN LAL Vs. PREET RANI

JUDGEMENT

(1.) ON the joint request of both the learned counsel, the case was heard on merits also, as it involves a very short point.

(2.) THE sole question is, whether the determination of the rent for the purposes of Sec. 13 (3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 by the impugned order, is justified. Section 13 (3) reads as under: - "in a suit for eviction on the ground set forth in clause (a) of subsection (1) with or without any of the other grounds referred to in that sub-section, the Court shall on the first date of hearing or on any other date as the Court may fix in this behalf which shall not be more than three months after filing of the written statement and shall be before framing of the issues, after hearing the parties and on the basis of material on record provisionally determine the amount of rent to be deposited in court or paid to the landlord by the tenant such amount shall be calculated at the rate of rent at which it was last paid or was payable for the period for which the tenant may have made default including the period subsequent thereto upto the end of the month previous to that in which such determination is made together with interest on such amount calculated at the rate of six percent per annum from the date when any such amount was payable upto the date of determination : Provided that while determing the amount under this sub-section the court shall not take into account the amount or rent which was barred by limitation on the date of filing of the suit. "

(3.) IT is true that this is going to be tentative only in view of Sec. 13 (8) of the Act. But, even then the Court should never lose sight of the important requirement of the law that the available material on record should be considered.