LALIT KUMAR Vs. BHAGWAN SWAROOP SRIVASTAVA

JUDGEMENT

(1.) BOTH the aforementioned revision petitions are being decided by this common judgment as in both of them, common questions of law and facts are involved and they have been preferred against the judgment dated 14. 8. 1996 passed by the learned Addl. District Judge No. 1, Jodhpur. S. B. Civil Revision Petition No. 719/1996

(2.) THIS revision petition has been filed by the petitioner- tenant-defendant Lalit Kumar (hereinafter referred to as "the defendant") against the judgment dated 14. 8. 1996 passed by the learned Addl. District Judge No. 1, Jodhpur in civil misc. appeal No. 131/1996 by which he dismissed the appeal of the defendant and affirmed the order dated 15. 5. 1996 passed by the learned Addl. Civil Judge (JD) No. 1, Jodhpur in civil suit No. 356/1995 by which he determined the provisional rent under section 13 (3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as "the Act of 1950") at the rate of Rs. 130/- per month for the period from 1. 10. 1980 to 30. 4. 1996.

(3.) SECTION 13 (3) of the Act of 1950, which deals with determination of provisional rent, clearly speaks that such amount shall be calculated at the rate of rent at which it was last paid. This aspect was kept in mind by both the courts below while determining the provisional rent.