BHOPAL SINGH Vs. PRECIOUS PROPERTIES PVT. LTD.

JUDGEMENT

(1.) THIS appeal under Section 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (in short the Act of 1950) has been filed against the judgment and decree 25.5.2012 passed by Additional District Judge, No. 2, Jaipur Metropolitan, Jaipur in Civil Suit No. 16/2002 whereby the suit for fixation of standard rent has been decreed under Section 6 and Rs. 4,000/ - has been determined as standard rent.

(2.) THE short facts of the case leading to filing of this appeal are that respondent plaintiff has instituted a suit under Section 6 of the Act of 1950 for fixation of standard rent. The averment in the plaint were that the tenant was paying monthly rent of Rs. 85/ -. The respondent purchased the property. The property is situated in prime place of Jaipur in Johari Bazar and it can fetch rent of Rs. 11,500/ - per month, hence suit for fixation of standard rent has been filed by the land lord. The appellant has not disputed the tenancy and it was also admitted that he was paying Rs. 85/ - per month but the contention of the appellant was that suit premises is in first floor and it is not situated in Johari Bazar but its access is through Ramjilala Ka Rasta. The property could not fetch rent of Rs. 11,500/ - and the appellant is paying fair rent. On the contentions of the parties, issues have been framed as under:

(3.) HEARD the learned counsel for the parties and perused the judgment and decree under appeal as well as the original record of the case.