MOHAN LAL Vs. SHREE RAM

JUDGEMENT

(1.) HEARD learned counsel for the petitioner.

(2.) BY the impugned orders the Rent Control Tribunal has decided respondent's application filed under Section 6 of the Rajasthan Rent Control Act, 2001 (hereinafter to be referred to as "the Act") and an appeal against the order has failed. Resultantly, the monthly rent of the premises has been determined at Rs. 804. 89.

(3.) ON the basis of above language, it was contended, that according to this provision, since this applies to the cases where the premises have been let out on or after 1. 1. 1950, for making determination of the rent, the rent to be taken into account is the rent at which the premises were let out after 1. 1. 1950. It was also contended that the expression used in clause (b) "the rent payable at the time of commencement of the tenancy" is not required to be interpreted to mean the "rent payable at the commencement of the tenancy of the present tenant" but is required to be interpreted to mean "the rent payable at the commencement of the tenancy which was created after 1. 1. 1950. " Learned counsel referred to some judgments of Hon'ble Supreme Court on the question of interpretation of statutes, taking the view that it is not open for the Court to supply words in the statutes, rather statutes is to be interpreted on the plain language, as it is enacted by the legislature. Other submissions made is, that the learned trial court was in error in refusing the petitioner's request for cross examination of applicant, so also for summoning the previous tenant Kanaram. The last submission made in on the authority of the judgment of this Court in Madanlal vs. Laxman Das (1), to contend that expression "payable" used in Section 6 (1) (b) is required to be interpreted in the manner that the rent which was payable for the premises when it was let out to Kanaram in the year 1972 is required to be taken to be the rent "payable. "