SURAJ DHOBI Vs. FATEH LAL

JUDGEMENT

(1.) THIS revision petition has been directed against the order of learned Additional District Judge No. 2, Jodhpur in Civil Misc. Appeal No. 15/99 by which he allowed the appeal against the order of learned Additional Civil Judge (JD) No. 2, Jodhpur.

(2.) PLAINTIFF Fatehlal filed a suit for ejectment of a shop situated at plot No. 340, IVth Chopasani Road, Jodhpur on the ground of default, personal necessity etc. No arrears of rent were claimed. In the written statement defendant pleaded that he did not commit default in payment of rent and that the plaintiff had no personal and bonafide necessity. After filing of the written statement the trial court fixed the matter for determination of provisional rent. The trial court in view of Ganesh Lal vs. Ladu Ram (1), held that in the suit no arrears of rent were claimed and hence determination of provisional rent was not necessary. This order was challenged in appeal. The learned Additional District Judge, who decided the appeal on 17. 5. 1999, held that in view of Smt. Uma Gupta vs. Ramesh Chandra (2), it was necessary to provisionally determine the amount of rent to be deposited in court under the provisions of Section 13 (3) of the Rajasthan Premises (Control of Rent and Eviction) Act (hereinafter referred as `the Rent Control Act' ). Aggrieved by this order, this revision has been preferred by the tenant.