SURAJKARAN Vs. MUNICIPAL COUNCIL JAIPUR

JUDGEMENT

(1.) A preliminary objection has been raised on behalf of the respondent in this case that no second appeal lies under section 22 of the Rajas-than Premises (Control of Rent and Eviction) Act, 1950.

(2.) THE plaintiff-appellant filed a suit under section 6 of the said Act for fixation of standard rent on the ground that he had taken the premises in question on rent from the Municipal Council, Jaipur on a rent of Rs. 80/- per month after executing the rent note dated 15th November, 1956, a copy of which has been placed on the record and marked Ex. 2. It was averred by the plaintiff that the rent agreed was excessive and therefore the standard rent may be fixed under the provisions of S. 6 of the Rajasthan Premises (Control of Rent and Eviction), Act, 1950. THE trial court after recording the evidence of the parties fixed the standard rent at Rs. 40/- per month. Aggrieved by the judgment and decree of the trial court the defendant-Municipal Council Jaipur filed an appeal which came up for disposal before the Court of Senior Civil Judge, Jaipur who by his judgment dated 9th September 1961 allowed the appeal, set aside the judgment and decree of the trial court and dismissed the suit on the ground that no relationship of landlord and tenant was proved between the parties. THE plaintiff, therefore, filed this second appeal before this Court.