NIRUPAMA BEN Vs. DEVAT SINGH

JUDGEMENT

(1.) This is a tenant's appeal directed against an order of the learned District Judge, Sirohi dt. May 10, 1985 by which the amount of rent was provisionally determined under S. 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter to be referred as 'the Act'). Since the point involved in short, the appeal was also heard on merits on the joint request of the learned counsel for the parties.

(2.) Briefly recapitulated, the relevant facts are that the plaintiff instituted a suit for eviction and arrears of rent against the defendant in the Court below on Sept. 20, 1983. The case set up by him is that the suit premises situate at Mount Abu known as 'Kesar Bhawan Canteen' was let out to the defendant on Oct. 1, 1980 for a period of eleven months on a monthly rent of Rs. 2000/-. The tenancy was oral. The rent was to be paid by the defendant month by month. The defendant paid a sum of Rs. 2000/- only for the first time and thereafter failed to make any payment. A sum of Rs. 66,000/- stood due against her as arrears of rent at the time of the institution of the suit. Various grounds of eviction were pleaded, one of them being the default in payment of rent under S. 13(1)(a) of the Act. The defendant filed the written statement. The tenancy was admitted, but it was stated that the suit premises were let out to her not on Oct. 1, 1980 but such before that on Oct. 23, 1978. The rent agreed was Rs. 500/- and not Rs. 2000/- per month as alleged by the plaintiff. Various payments against the rent were pleaded by the defendant. The written statement was filed on Mar. 20, 1985. Since one of the grounds of eviction was the default on the part of the defendant in making the payment of the rent as envisaged in S.13(1)(a) of the Act, the learned District Judge heard both the parties and determined a sum of Rs. 1,08,000/- as rent up to April, 1985. A sum of Rs. 14,310/- was assessed as interest thereon at the rate of Rs. 6% per annum. Thus, a sum of Rs. 1,22,310/- was provisionally determined under S.13(3) of the Act. Aggrieved against the said order, the tenant has come up in appeal.

(3.) I have heard the learned counsel for the parties and perused the record.