Judgment

Lokeshwar Singh Panta, J. —

1.The subject-matter of the challenge in this appeal is a Judgment of the High Court of Rajasthan passed in S.B. Civil Revision Petition No.669/2001 on 18th July 2001 setting aside the Judgments of the Courts below where both the trial court as well as the lower Appellate Court determined the provisional rent under Section 13(3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (herein after referred to as the Act of 1950) at the rate of Rs.400/-p.m. for the shop in question with effect from 01.06.1994 to 01.07.1999. The High Court in revision re-appreciated the evidences and reversed the concurrent findings of the Courts below and held as under: -

“Thus, the provisional determination of rent by both the courts below at the rate of 400/-p.m. appears on the very face to be illegal and both the courts below have committed jurisdictional error in determining the rent at such rate and they should have determined the rent at the rate of Rs.200/-p.m. as it was the rent last paid by the defendant-petitioner to the plaintiff-respondent.

For the reasons stated above, it is held that the Orders dated 16.02.2001 passed by the learned Additional