LALLU NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a plaintiffs' second appeal in a suit for rent against the State. The plaintiff has got two storeyed house which has given to the State for running a school. The provisional rent was fixed for Rs. 21. 25 p. per month with the under-standing that the Government would get fair rent fixed from the Public Works Department according to its schedule.

(2.) ON 11th March, 1966, the Executive Engineer, PWD (B&r), District Division, Jaipur, informed the Inspector of Schools that the fair rent of the property in question would be Rs 61/- per month. The plaintiffs claimed that atleast they should get Rs. 61/- per month as fair rent fixed by the PWD. The plaintiffs has not claimed any rent for the period commencing from 11th March, 1966 to 31. 7. 1968 because, it has become time barred. The rent is being claimed at the increased rate of Rs. 49. 75p. from 1st August, 1968 to 31. 7. 1971, the total being Rs. 1428/ -.

(3.) IN law according to the principle of estoppel and also as per equity and fair play, no Government agency can be allowed to refuse to pay the fair rent determined by the Public Works Department, normally. It is highly undesirable that the State Functionaries should challenge "fair rent" determined by PWD by refusing to pay it and drag the private citizens to litigation.