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MADAN GOPAL VYAS
Mohan Lal – Appellant
Versus
Vimla Devi – Respondent
JUDGMENT :
Madan Gopal Vyas, J.
The instant civil miscellaneous appeal has been filed under Section 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short, Act of 1950) by the appellant-tenant against the order dated 03.07.2003 passed by learned Additional District Judge (Fast Track No. 2), Bhilwara (hereinafter referred to as the learned Trial Court) in Civil Suit No. 17/2003 whereby learned Trial Court determined the provisional rent of the rented premises at the rate of Rs. 1500/- per month.
2. Learned counsel appearing for the appellant-tenant submits that the impugned order passed by the learned Trial Court is contrary to the settled principles of law. It is submitted that as per Section 13(3) of the Act of 1950, the provisional rent is to be determined after hearing both the parties. However, in the instant case, learned Trial Court proceeded ex-parte as the counsel could not appear for 1-2 hours as he was attending some other Court. It is further submitted that the learned Trial Court failed to consider the material available on record. It is submitted that the appellant filed his written statement along with the rent receipts, which were on record. Th
Provisional rent must be determined after hearing both parties and considering the last paid rent, ensuring procedural fairness.
The need for evidence to determine the genuineness of the rent note and the actual rent amount before making a final decision on provisional rent assessment.
The Rent Controller has the authority to fix interim rent during eviction proceedings under Section 25 of the Punjab Rent Act, 1995, and the terms 'provisional' and 'interim' are interchangeable.
Non-payment of provisionally assessed rent mandates eviction under the Punjab Rent Act.
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.
A tenant's failure to deposit assessed provisional rent mandates eviction under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1976.
The tenant's failure to pay the assessed provisional rent justifies eviction under the Haryana Urban (Control of Rent and Eviction) Act, 1973.
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