CENTRAL MODERN EDUCATION SOCIETY Vs. NARPAT SINGH

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners aggrieved against the judgments dated 25/8/2015 and 21/2/2014 passed by the Rent Tribunal, Jodhpur Metro, whereby, the petitions filed by the respondents under Section 6 of the Rajasthan Rent Control Act, 2001 ( the Act, 2001 ) have been accepted and the rent of the premises has been revised to Rs.14,700/- p.m. as on 1/10/2004 and Rs.12,000/- p.m. as on 1/10/2006, respectively, the judgments dated 14/3/2016 passed by the Appellate Rent Tribunal, Jodhpur Metro, whereby, the appeals filed by the petitioners have been dismissed and orders dated 5/1/2017 passed by the Appellate Rent Tribunal, Jodhpur Metro, whereby, the review petitions filed by the petitioners have also been dismissed.

(2.) The respondents landlord filed petitions under Section 6 of the Act inter alia seeking revision of rent of the premises let out to the petitioners. It was inter alia claimed in the petitions that the premises in question were let out on 1/10/1996, whereby, initially the ground floor of the premises was let out for a monthly rent of Rs.8,000/- p.m., whereafter, first floor was also let out and the rent was agreed at Rs.7,500/- for the ground floor and Rs.3,000/- for the first floor and in all rent agreed was Rs.10,500/- p.m. Based on the said averments, the revision of the rent was sought by landlord Narpat Singh. Landlord Smt. Manju Choudhary claimed the rent of the premises at Rs.8,000/- p.m. from the date the premises were let out i.e. 1/10/1996. The landlord Narpat Singh relied on the lease deed dated 20/5/1997 filed as Ex.1 and landlord Smt. Manju Choudhary relied on the lease deed dated 20/9/1996. However, as the lease deeds were unregistered, the same were held inadmissible in evidence.

(3.) A reply to the petitions was filed by the petitioners disputing the averments made in the petitions. The initial rate of rent i.e. on the date the premises were let out on 1/10/1996 was claimed at Rs.7,500/- p.m. for each premises. It was also claimed that both the premises, which are respectively situated on plot no.191 and 190, were taken on rent by the Society on 1/10/1996 for Rs.7,500/- p.m. each i.e. in total Rs.15,000/- p.m. and advance rent of Rs.50,000/- was paid to the representative of the landlords Shri Sampat Choudhary vide voucher dated 1/10/1996 by the earlier management. It was denied that initially the ground floor was let out and after letting out the first floor, the rent of Rs.10,500/- p.m. was agreed and was being paid by the petitioners. In support of the plea, a receipt dated 1/10/1996 as Ex.A/1 was produced.