CHHAGAN LAL Vs. RAM BABU

JUDGEMENT

(1.) THIS Civil Misc. Appeal under Sec. 22 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 has been filed against the order dated 12. 3. 92 passed by the Addl. District Judge No. 1, Bharatpur determining the provisional rent of the disputed shop at the rate of Rs. l00/- per month under sec. 13 (3) of the aforesaid Act.

(2.) THE brief facts of the case are that the plaintiff-respondent filed a civil suit No. 46/91 before the aforesaid Court with the allegations that the appellant took the disputed shop on rent at the rate of Rs. 300/- per month, that the appellant did not pay rent from 1-4-1988 to 31-5-1991 and thus committed default in payment of rent; that the shop was let out for the purposes of selling cycle parts but the defendant-appellant without the permission of the plaintiff-respondent started the work of repairing of cycles, that the behaviour of the appellant is very rude and that the appellant has created nuisance. In support of his case that the rent was agreed at the rate of Rs. 300/- per month, the plaintiff-respondent submitted affidavits of himself and also of Banwari Lal and Prem Kumar. THE defendant-appellant in his written statement denied the allegations of the plaint and alleged that the disputed shop was taken on rent in the year 1980 in the presence of Shri Saheb Singh at the rate of Rs. 35/- per month including the electric charges; that after two years rent was increased and later on in the year 1988 rent was again increased at the rate of Rs. 75/- per month; that the defendant appellant has been paying rent to the plaintiff-respondent regularly; that the appellant has already deposited rent upto August, 1990 in the Court of Munsiff; Bharatpur under Section 19 (a) of the aforesaid Act. THE appellant also submitted affidavits of Saheb Singh, Babu and Umesh Chandra in support of his case that the rent of the disputed shop was only Rs. 75/- per month and not Rs. 300/- per month as alleged by the plaintiff respondent.