1981 Supreme(Raj) 492
RAJASTHAN HIGH COURT
M.B.Sharma, J.
Dharamveer Kaliya - Appellant
Versus
Khem Singh and ors - Respondent
S.B. Civil Revision No. 213 of 1981.
Decided On : 20-10-1981
For the Petitioner:M.L. Shrimali, Advocate.
For the Respondent: Kewalchand for caveator.
The appellate court has the discretion under Section 6(5) of the Act to determine the effective date for the standard rent, and its decision in this regard will not be considered illegal or irregular if it exercises its jurisdiction properly.
Headnote:
Rent Control - Standard Rent - Interpretation of Section 6(5) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950
Fact of the Case:
The trial court fixed the standard rent at Rs. 120 per month, but did not specify the effective date. The lower appellate court, relying on case law and Section 6(5) of the Act, ordered that the standard rent would be payable from the date of the suit.
Finding of the Court:
The appellate court, having the same powers as the trial court, did not act illegally or irregularly in exercising its discretion under Section 6(5) of the Act. The revision petition was dismissed.
Issues: Interpretation of effective date for standard rent determination under Section 6(5) of the Act
Ratio Decidendi: The court interpreted Section 6(5) of the Act and held that the appellate court had the discretion to appoint a date from which the standard rent determined by it shall be deemed to have effect.
Final Decision: The revision petition was dismissed, and no costs for interference were awarded.