RAM GOPAL SHARMA Vs. TAPADIYA BAGICHI

JUDGEMENT

(1.) Heard the counsel for the petitioner and perused the impugned order dated 25.03.2016 passed by the Additional District Judge No. 2, Sikar in a civil miscellaneous appeal affirming the order dated 14.11.2014 passed by the Additional Civil Judge (Senior Division), Sikar on an application under Sec. 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter 'the Act of 1950') determining the provisional rent payable by the tenant to the landlord @ Rs. 1,500.00 per month, during the pendency of the suit for determination of standard rent, effective the date of filing of the suit i.e. on 13.09.2000.

(2.) Determination of provisional rent is prima facie based on evidence before the Trial Court in the application under Sec. 13(3) of the Act of 1950. In the instant case there was prima facie evidence before the trial court for determining the provisional rent @ Rs. 1,500.00 per month which has been affirmed by the Appellate Court.

(3.) Mr. Amit Jindal counsel for the tenant however submitted that impugned orders are vitiated for having determined the provisional rent @ Rs. 1,500.00 per month even while in the application under Sec. 13(3) of the Act of 1950 the landlord first claimed @ Rs. 1,000.00 per month.