JAGDISH PRASAD Vs. KAPOOR CHAND

JUDGEMENT

(1.) THIS is a defendant's revision under Section 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter to be referred to as 'the act') directed against the judgment and decree of Additional Civil Judge No. 2, bharatpur, Camp Gangapur, dated Oct. 3, 1970, reversing the judgment and decree of the Munsif, Hindaun, dated May 18, 1966. and decreeing the plaintiff's suit under Section 6 of the Act, whereby the learned Additional Civil judge has decreed the plaintiff's claim reducing the rent of two shops in hindaitn from Rs. 80/- per mensem to Rs. 20/- per mensem.

(2.) THIS litigation has had a chequered career. The parties are closely related and also stand in the relation of landlord and tenant. The demised premises comprise of two shops in the heart of business locality of Hindaun. Joharilal's daughter was married to Ram Sahai, father of Kapoor Chand. while Jagdish prasad who is another daughter's son of Johari Lal, was taken in adoption by him. Kapoor Chand's father Ram Sahai being in indigent circumstances. Joharilal brought the family to Hindaun and set them up in business. The demised premises were given to Ram Sahai in Svt. year 1987 for starting a business, and Johari Lal helped him with money to set up the business. It appears that the rent charged for the two shops was Rs. 8/- per mensem.

(3.) IN Svt. year 2007, Johari Lal took the defendant Jagdish Prasad in adoption and made a gift of substantial property comprising of one house and eight shops to the other daughter's son, viz. , Kapoor Chand. In 1960, Joharilal made substantial changes in the premises by adding one Verandah and provided electricity and the facility of one iron safe; and. the parties by mutual agreement settled the rent of the premises of Rs. 50/-per mensem. On April 2, 1961, the plaintiffs, who are the sons and daughters of Ram Sahai, executed a kiraya-nama in favour of the defendant Jagdish Prasad stipulating payment of rs. 80/-per mensem as rent.