SUBRATI Vs. BHAGWATI PRASAD

JUDGEMENT

(1.) :- This Civil Revision under S.115, C.P.C. has been filed against the order dated 31/10/1986, passed by learned Additional Civil Judge No. 2, Bharatpur, in Civil Appeal No. 61/1986, Subrati v. Bhagwati Prasad, confirming the order dated 8/01/1985, passed by learned Munsif, Bharatpur, in Suit No.169/1978, Bhagwati Prasad v. Subrati, by which the provisional rent was determined under S.13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, (hereinafter referred to as the Act.)

(2.) During the course of hearing the learned single Judge came across conflicting single Bench decisions of the this Court on the point and, therefore, referred the following point for determination by a larger Bench.:-

(3.) It will suffice to state for the purposes of this reference that plaintiff-opposite party filed a suit on 5/07/1978, against the defendant petitioner in the Court of Munsiff, Bharatpur, for declaration of his title over the suit property and recovery of rent and ejectment on the basis of defaults. The defendant-petitioner contested the suit and claimed to be owner of the suit property and denied to be either tenant or a defaulter. Issues were framed by the trial Court on 11/07/1980. The trial Court after period of 5 1/2 years of framing of the issues determined on 8/01/1985, the provisional rent under sub-sec. (3) of S.13 of the Act of 1950, despite objections raised by the petitioner. The defendant-petitioner filed an appeal against the aforesaid order passed by the trial Court but the same was rejected by the learned Additional Civil Judge, Bharatpur, (Court No. 2) vide its order dated 31/10/1986.