BASHA MAL Vs. AMAR CHAND

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 16. 4. 2004 passed by the Additional District Judge No. 2, Jaipur City, Jaipur who has been pleased to pass an order determining provisional rent of the suit premises at Rs. 18,000/- per month and has thus enhanced it from Rs. 150/- to Rs. 18,000/ -. THIS order has been passed in a suit which was filed by the plaintiff-respondents for determination of fair rent of a shop which is situated at Johri Bazar, Jaipur which is of prime commercial importance in the City of Jaipur. The disputed premise is a shop comprising an area of 350 sq. yards where the defendant-appellant is conducting his business of sale of vegetable-oils as a retailer. The rent of the suit premises was fixed at Rs. 150/- in the year 1987 under the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 as the rent of the area at that point of time could not have been enhanced more than two and half times. While the suit for determination of fair rent is still pending disposal, the provisional rent of the disputed shop has been fixed at Rs. 18,000/- by the Court below and the defendant-appellant feeling aggrieved with this enhancement has filed this appeal.

(2.) THE counsel for the appellant and the respondents were heard at length on the impugned order of enhancement of rent wherein it was contended by the appellant's counsel that the rent of the disputed premises is extremely exorbitant and has been enhanced 120 times and it has been further submitted that the rent prevalent in the surrounding areas of Johri Bazar, Jaipur is much less than what has been fixed by the Court below.