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PRAKASH GUPTA
National Silk Palace, Bapu Bazar, Jaipur – Appellant
Versus
Golecha Cinetalk Private Limited – Respondent
ORDER
1. These two appeals have been filed by the appellants- defendants (for short, the defendants') against the judgment dated 5.12.2019, whereby the Trial Court determined the standard rent of both the suit shops at Rs. 1,13,160/- and Rs. 50,160/- respectively and held the plaintiff entitled to get the standard rent so fixed from the date of filing the suits.
2. Mr. J.P. Goyal, learned Sr. Counsel with Mr. Abhi Goyal, Advocate submits that since in the year 1978, the standard rent had already been fixed @ Rs. 710/- per month and Rs. 705/- respectively, therefore, the present suits filed by the plaintiffs were barred by principle of res-judicata and not sustainable.
3. Learned Sr. Counsel further submits that the suit property is in a dilapidated condition as it was rented out in the year 1958. He further submits that rent of the nearby shops in the vicinity is not @ Rs. 70/- per sq. ft. The shops of which the rent is said to be Rs. 72/- per sq. ft. or Rs. 70/- per sq. ft., are located at a far better place and are situated in Nehru Bajar and at M.I. Road, Jaipur respectively, whereas the present shops are situated in Bapu Bajar. He further submits that the trial court without there
The court affirmed the trial court's discretion in determining standard rent and the effective date for its applicability under the Rajasthan Premises Act.
Standard rent fixation must reflect contemporary market conditions and is upheld unless substantial legal errors are demonstrated.
The court established that ongoing rent fixation cases are governed by the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, despite the enactment of the Rajasthan Rent Control Act, 2001.
The court reaffirmed that a landlord's contractual rent rate is valid unless proven excessive, emphasizing the ineffectiveness of arbitrary rent reductions in commercial leases under the Bombay Rent ....
The Maharashtra Rent Control Act does not allow fixation of standard rent for premises let after October 1, 1987; hence disputes in these instances are adjudicated based on Section 8's provisions all....
when a suit is filed for eviction of a tenant for being a defaulter in payment of rent, can the tenant thereafter file an application for fixation of rent.
The foundational facts and cause of action must remain unchanged for res judicata to apply, and the earlier adjudication must have been on merits.
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