MOHAN LAL Vs. VIMLA DEVI

JUDGEMENT

(1.) The instant civil miscellaneous appeal has been filed under Sec. 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short, Act of 1950) by the appellant-tenant against the order dtd. 3/7/2003 passed by learned Additional District Judge (Fast Track No. 2), Bhilwara (hereinafter referred to as the learned Trial Court) in Civil Suit No. 17/2003 whereby learned Trial Court determined the provisional rent of the rented premises at the rate of Rs.1500.00 per month.

(2.) Learned counsel appearing for the appellant-tenant submits that the impugned order passed by the learned Trial Court is contrary to the settled principles of law. It is submitted that as per Sec. 13(3) of the Act of 1950, the provisional rent is to be determined after hearing both the parties. However, in the instant case, learned Trial Court proceeded ex-parte as the counsel could not appear for 1-2 hours as he was attending some other Court. It is further submitted that the learned Trial Court failed to consider the material available on record. It is submitted that the appellant filed his written statement along with the rent receipts, which were on record. There is sufficient material available on record to prove that the last paid rent of the premises is Rs.150.00 per month. However, learned Trial Court completely ignored this material aspect of the matter while determining the provisional rent as Rs.1500.00 per month. Thus, in these facts and circumstances of the case, it is prayed that the present appeal may be allowed and the impugned order may be quashed and set aside.

(3.) Learned counsel for the respondent-landlord submits that the impugned order is well reasoned and does not call for any interference.