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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

Advocates:
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.

JUDGMENT :

1. Heard learned advocate for the petitioner and the learned advocate for the non-petitioner who has entered caveat.In suit under Section 6 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short, 'the Act' hereafter) the learned said trial Court fixed the standard rent as Rs. 120/- per month and increased the rent from Rs. 80/- to Rs. 120/- per month. The learned trial Court did not mention that the rent is fixed from the date of the application. The lower appellate Court placing reliance on Miran v. Birbalram, in which it has been observed that even if there is no provision in the Act as to from which date the standard rent may be fixed, obviously and generally it is to be fixed from the date of the application, ordered that the standard rent shall be payable form the date of the suit. Even otherwise, under Section 6(5) of the Act, a discretion is vested in Court to appoint a date from which the standard rent determined by it under Section 6 of the Act shall be deemed to have effect. The appellate Curt has all the powers of the trial Court and, therefore, in exercising discretion under Section 6(5) of the Act in ordering that the standard rent is payable from the date of suit, has not acted illegally or irregularly in exercise of its jurisdiction.No costs for interference is made out. The revision petition is dismissed. Petition dismissed.

 

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