ROOP SINGH Vs. JABBAR SINGH

JUDGEMENT

(1.) THE instant revision petition has been filed against the order dated 9.10.1996 passed by the learned Additional District Judge, No. 1, Jodhpur in Civil Appeal No. 59 of 1996 setting aside the order passed by the learned Additional Civil Judge (Junior Division), No. 6, Jodhpur in Original Civil Suit No. 65 of 1995 whereby the learned first appellate court reduced the provisional determination of rent of the shop in dispute by the learned trial court from Rs. 500/ - to Rs. 50/ - per month.

(2.) HEARD learned Counsel for the parties and perused the original record requisitioned from learned trial court.

(3.) THE plaintiff -revisionist moved an application under Sub -section (3) of Section 13 of the Act of 1950 for determination of provisional rent and both the parties adduced evidence by way of affidavits in support of their respective claims. The deponents, who filed affidavits in support of tenant -defendant -respondent have stated that the shops appurtenant and other shops in the same locality are let out at rate of Rs. 5/ - to 15/ - and no shop in the vicinity of disputed shop is let out at the rate of Rs. 500/ - per month whereas the deponents who filed affidavits in support of the plaintiff -landlord revisionist have stated that rent of the shops situated in the same vicinity is from Rs. 500/ - to Rs. 700/ - per month. One of the deponents stated that he is paying Rs. 700/ -per month rent of a shop of the same size in the vicinity of the disputed shop whereas another deponent stated in his affidavit that he is paying Rs. 600/ - per month rent in the same locality of a shop of same size.