BRIJ MOHAN Vs. HARGUN DAS

JUDGEMENT

(1.) THE tenant Brij Mohan has sought revision of the amount of rent provisionally determined at the rate of Rs. 200/- per month under section 13 (3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 ( for short, hereinafter "the Act") by the Civil Judge, Udaipur and affirmed by the Additional District Judge No. 3, Udaipur.

(2.) CIVIL Judge, Udaipur by his order dated July 30, 1985 determined the amount of rent provisionally at the rate of Rs. 200/- per month on the material that the tenant had delivered a cheque No. 249124 dated July 26,1982 for an amount of Rs. 1600/- towards rent. According to the landlord, this amount was paid by Brij Mohan by cheque towards rent for the months from October 1981 to May 1982. The tenant's version did not remain consistent about the rate of rent in as much as while he referred to a rent note stipulating Rs. 130/- per month as rent, but he admitted that a receipt of rent was issued to him about the payment of rent at Rs. 150/- per month. The standard rent was also fixed by the trial court at Rs. 200/- per month in another suit filed by the tenant against the landlord for that purpose. The amount of rent to be deposited in court or paid to the landlord by the tenant has been provisionally determined by the CIVIL Judge, Udaipur on the basis of material available is on the record. Lastly, it may be mentioned that the determination is only provisional and section 13 (8) (b) of the Act takes sufficient care of the tenants interests in case at the time of decision of the suit, the trial court finds that the amount determined and deposited or paid under sub-section (3) and (4) of section 13 of the Act is in excess of the amount of rent finally decided as payable by the tenant. There is no error of jurisdiction involved and as such no interference in revision is called for.