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2006 Supreme(Raj) 389

PREM SHANKAR ASOPA
Man Mohan Das Mundra – Appellant
Versus
Shiv Kunwar – Respondent


Advocates Appeared:
Mr. P.S. Shukla, for the Petitioners.
Mr. B.L. Agarwal and Mr. Rajendra Salecha, for the Respondents.

Judgment

Prem Shanker Asopa, J.-That by this writ petition the Petitioner-defendant No. 1 has challenged the order of provisional determination of rent of the premises in dispute under Section 7 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short the Act of 1950) dated 19.07.2004 passed by Additional District Judge No. 6, Jaipur City, Jaipur, to the tune of Rs. 9,269/-p.m.

2. Briefly stated the facts of the case are that one Shri Ishwar Singh executed a lease-deed in favour of Gaura Devi of the premises on 16.03.1977 at the rate of Rs. 1,600/-p.m.

3. The Respondent Nos. 2 and 3 filed a civil suit for partition against Ishwar Singh and a partition decree was passed and the present disputed premises came in the portion of the Respondent Nos. 1, 2 and 3 and the rent of the same was fixed at the rate of Rs. 843.70 paisa. Smt. Gaura Devi died on 23.03.1998 and presently the premises are in possession of Petitioner No. 1 being a son and successor.

4. The Respondent Nos. 1 to 3 filed an application under Section 6 of the Act of 1950 for determination of standard rent. In the said application they have submitted that as the defendant-petitioner is getting Rs. 9,26



















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