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2007 Supreme(Raj) 595

R.S.CHAUHAN
Martin & Harris Pvt. Ltd – Appellant
Versus
Rajendra Mehta – Respondent


APPEARANCES :
Mr. H.L. Tikku, Sr. Adv. with Mr. Suresh Pareek and Mr. N.C. Sharma Advocates, for the Appellant.
Mr. R.K. Agarwal, Advocate, for the Respondent.

R.S. Chauhan, J.—The dispute over provisional rent under Sec. 7 of the Rajasthan Rent Control Act, 1950 (henceforth to be referred to as ‘the Act of 1950’, for short) has brought the parties before this Court. The appellants-the tenants are challenging the order dt. 09.01.2004 passed by the Additional District and Sessions Judge, No. 6, Jaipur City, Jaipur to the extent the learned Judge has determined the provisional rent of the premises rented to the appellants @ Rs. 1,00,000/- per month.

2. This case has a checkered history. One Mr. Prem Chand Khinduka (henceforth to be referred to as ‘the previous owner’, for short) was the owner of a building, popularly known as the ‘Khinduka Bhawan’, situated at 2844, Circle No. 13, New Colony, Chowki Hawali, Jaipur. It is a two story high building. Vide lease deed dt. 01.08.1963, which was registered on 10.09.1963, he let out the front part of the premises to the appellant Company. Since the appellant Company needed more space in the premises, an additional portion (the back portion of the building) was rented out to the appellants on 07.06.1966. However, in 1971, the previous owner filed a civil suit for eviction of the appellants from the f



























































































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