SRIRAM BAHAL Vs. NARENDRA KAUR

JUDGEMENT

(1.) This is a tenant's appeal, directed against the order dated 21.7.2000 passed by learned Additional District Judge No. 1, Jaipur City in Civil Suit No. 109/1999 by which u/s. 13(3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (for short 'the Act' of 1950') provisional rent has been determined.

(2.) Brief facts of the case are that respondents-landlord filed a suit for eviction and recovery of arrears of rent against the appellant-tenant, inter alia, on the ground of default of payment of rent. It as averred in the plaint that tenancy was oral and no rent note was executed; that agreed monthly rent was Rs. 1,500/-, which was due since 1.8.1996. In the written statement, admitting the tenancy the appellant stated that initially rent was Rs. 250/- per month which was later-on increased to Rs. 550/- per month and that up to 31.7.1999 he has paid the rent accordingly but no receipt was ever given by the landlord. After hearing the parties learned Additional District Judge determined Rs. 78,607.50 as provisional rent (Rs. 70,500/- as arrear of rent for the period from 1.8.1986 to 30.6.2000 at the rate of Rs. 1,500/- per month along with interest at the rate of 6% thereon amounting to Rs. 8,107.50). Feeling aggrieved by the order passed by learned Additional District Judge, this appeal has been filed.

(3.) I have heard learned counsel for the parties and perused the impugned order and material placed before me during arguments.