1989 Supreme(Raj) 539
RAJASTHAN HIGH COURT AT JAIPUR BENCH
J.S.Verma, J.
Devilal & Anr. - Appellant
Versus
Girdhari - Respondent
S. B. Civil Revision No. 462 of 1985.
Decided On : 25-01-1989
The contractual rent need not necessarily be fixed as the provisional rent, and the payment of provisional rent is subject to final adjustment in terms of the statutory provision.
Headnote:
Provisional Rent - Landlord's Revision - Interpretation of Statutory Provisions
Fact of the Case:
Plaintiff-landlord filed a revision against the appellate order determining the provisional rent at Rs. 62.50 p m. against the contractual rate of rent of Rs. 115/-p.m. in a suit for ejectment and arrears of rent.
Finding of the Court:
The court found that the contractual rent need not necessarily be fixed as the provisional rent, and the payment of provisional rent is subject to final adjustment in terms of the statutory provision.
Issues: The issue was the determination of provisional rent under section 13 (3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950.
Ratio Decidendi: The court interpreted the provisions of Section 7 and Section 13 (3) of the Act, and held that the contractual rent need not necessarily be fixed as the provisional rent, and the payment of provisional rent is subject to final adjustment in terms of Section 7 (5) of the Act.
Final Decision: The revision was dismissed, and no costs were awarded.
JUDGMENT
1. 1. This is plaintiff-landlord's revision against the appellate order determining the provisional rent at Rs. 62.50 p m. against the contractual rate of rent of Rs. 115/-p.m. in a suit for ejectment and arrears of rent. The trial court determined the provisional rent at Rs. 1 I5/-p.m. which was the contractual rent under section 13 (3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950. On the defendant- tenant's appeal, the learned District Judge has determined the provisional rent at half that amount, namely. Rs. 62.50 p. treating Rs. 62.50 to be the basic rent on the material before him. It has also been stated that the amount paid as provisional rent shall be adjusted in accordance with Section 7 (5) of the Act in terms of the ultimate decree. Aggrieved by this order, the plaintiff has preferred this revision.
2. Learned counsel for the petitioner contended that the provisional rent payable by the defendant-tenant in the facts of the present case is only at the contractual rate of Rs. 115/- p m. On this basis it is urged that fixation of any lessor amount as provisional rent is contrary to the statutory provisions. I am unable to accept this contention. The learned Single Judge in 1986 RLR 993 (Shri Niranjanlal v. Nemichand) has indicated the mode of determination of provisional rent under section 13 (3) of the Act pointing out that the provisions of Section 7 and Section 13 (3) of the Act have to be harmoniously construed and their cumulative effect has to be considered. It has been clearly indicated therein that the contractual rent need not necessarily be fixed as the provisional rent. Moreover, the payment of provisional rent is subject to final adjustment in terms of Section 7 (5) of the Act. Thus, there is no prejudice to either party in the ultimate analysis as a consequence of an order of fixation of the provisional rent.
3. There is no ground to interfere in this revision.It is accordingly dismissed.No costs.Revision dismissed.
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