Important Point
High Court cannot re-appreciate the evidence and cannot set aside the concurrent findings of the Courts below by taking a different view of the evidence.

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 District Judge No.5, Jaipur City, Jaipur and 13.07.1999 passed by the learned Additional Civil Judge (J.D.) No.3, Jaipur City, Jaipur are contrary to the provisions of Section 13(3) of the Act of 1950 and interference becomes inevitable for ends of justice and they are liable to be set aside and this revision is liable to be allowed.

Accordingly, this revision petition filed by the defendant-petitioner Khursheed Akram is allowed and the impugned Orders dated 16.02.2001 passed by the learned Addl. District Judge No.5, Jaipur City, Jaipur and 13.07.1999 passed by the learned Addl.Civil Judge (J.D.) No.3, Jaipur City, Jaipur are set aside. The learned Addl.Civil Judge (J.D.) No.3, Jaipur City, Jaipur is directed to determine provisional rent at the rate of Rs.200/-p.m. It is made clear that this provisional rent is not final, but is only interim till the final decision of the court and subject to adjustment as provided under Section 13(8) of the Act of 1950. No Order as to costs.”

2.Brief facts, leading to the filing of this appeal, are as under:-

Yunus Ali, the appellant (now represented through his legal representatives as the appellants) was owner of shop No. 2 situated at House No. 242 at Nahari Ka Naka behind Khetri House, Madina Masjid Road, Jaipur. By an oral agreement, he leased the shop on rent to Khursheed Akram, tenant-respondent herein, on a monthly rent of Rs. 300/- excluding electricity and water charges. The respondent-tenant also paid an advance amount of Rs. 5,000/- which was to be adjusted against the instalments of rent or to be returned when tenancy will expire. On 22.01.1993, a rent deed was duly executed between the parties on a stamp paper of Rs. 10/- giving effect to the agreed terms and conditions of the earlier oral agreement of monthly rental of Rs. 300/-. The agreement was executed in the presence of the witnesses and attested by a Notary.

3.In the month of March 1994, the original landlord at the request of the respondent-tenant, made addition of a platform in front of the shop with stone floor and erection of shutter over the shop. There was agreed marginal increase of the rent amount after the renovation was over. A fresh rent deed was duly executed in favour of the original landlord on 01.04.1994 whereunder rent was increased to Rs. 400/- per month payable w.e.f. April 1994. It was also agreed that the advance amount of Rs. 5000/- shall be adjusted in 14 monthly instalments of the rent due upto 31.03.1994 @ Rs. 300/- per month and thereafter upto 31.5.1994 @ Rs. 400/- per month and other terms remained unchanged and unaltered. Though, in spite of repeated requests and demands of the original-landlord, the respondent-tenant failed to pay rent even after the execution of rent deed on 01.4.1994. Arrears of the rent started acc