PARAS RAM Vs. DHANI RAM AND GOPI LAL

JUDGEMENT

(1.) For similar and so also inter-mixed facts; and for common grounds, these two appeals, CMA No. 1459/2005 and CMA No. 1460/2005, have been heard together and are taken up for disposal by this common judgment. Both these appeals relate to similar nature orders dated 03.09.2005 passed by the Additional District Judge (Fast Track), Rajsamand respectively in Civil Original Suit (CO) Nos. 44/2004 and 45/2004 making provisional determination of rent under Section13(3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 ('the Act' hereinafter).

(2.) The defendant-appellant basically contends in both the appeals that relationship of landlord and tenant between himself and the plaintiff is seriously in dispute and the transaction in question was nothing but monetary and mortgage transaction, as is apparent from the pleadings; and, for the facts explicit, these two suits filed respectively by Dhani Ram and his father Gopi Lal for eviction and recovery of arrears of rent on the basis of alleged rent notes have been ordered to be consolidated with another suit (CO No. 46/2004) filed jointly by these two plaintiffs for recovery of amount of Rs. 2,50,000/- said to have been advanced as loan and in security whereof the premises in question were mortgaged with the plaintiffs. According to the appellant, for such being the nature of transaction between the parties, the alleged rent notes were merely the part of security towards the alleged loan and interest; and no relationship of landlord and tenant came into existence thereunder; and, therefore, the learned trial court has been in error in making provisional determination under Section 13(3) of the Act.

(3.) Having examined the matters in totality, this Court is clearly of opinion that the learned trial court has not committed any error in making provisional determination under Section 13(3) of the Act and these appeals deserve to be dismissed.