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1976 Supreme(SC) 388

A. N. RAY, M. H. BEG, P. N. SHINGHAL
Girdhari Lal – Appellant
Versus
Hukam Singh – Respondent


Advocates:
A.B.N.Sinha, B.P.MAHESHVARI, Hardayal Hardy, I.MAKVANA, S.M.Jain

Judgment

BEG,J.:- These are defendants appeals by certificate of fitness of the case for appeal to this Court directed against a judgment of a Division Bench of the Rajasthan High Court.

2. The plaintiff, who is a Receiver of a property known as Nabu building, appointed specifically for realising rent from tenants of the building, sued the defendant for recovery of arrears of rent amounting to Rs. 1,31,266/- at the allegedly agreed rate of rent of Rs. 1700/- per month. In the alternative, the plaintiff prayed that a decree may be awarded at the rate of Rs. 1000/- per month in accordance wit the orders of the Deputy Custodian, Jodhpur, who, it seems, had fixed that amount provisionally when litigation with regard to the property was going on the assumption, subsequently found to be erroneous, that the owner of it was an evacuee, Again, in the alternative, the plaintiff Receiver, who was, quite understandably, not certain of the exact position, had asked for a fixation of standard rent, under the provisions of Section 6 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act) in case no rent was found to be either agreed upon or settled, F


















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