Wanchoo C.J. —This is a revision by Gurbuxrai and has arisen in the following circumstances.

2. Gurbuxrai filed a suit under sec. 6 of the Rajasthan Premises (Control of Rent and Eviction) Act (No. XVII) of 1950 (hereinafter called the Act). His case was that he had taken a plot of land along with a room from Amansingh and another on rent for Rs. 1800/-per year. He wanted to use the plot and the room for commercial purposes. He said that this rent was excessive, and prayed that the court might fix standard rent which, according to him, worked out at Rs. 25/- per month according to sec. 6(2)(b) of the Act.

3. The suit was resisted by the defendant, and his case was that the premises were let out, for the first time, to the plaintiff in 1948, and therefore, the rent, which was fixed, namely Rs. 1800/- per year could not be reduced in view of the proviso to sec. 6(2)(6).

4. Three issues were framed by the trial court. The first two issues related to the basic rent, and to the question whether the premises were leased out for the first time, in 1948. The third issue related to the question whether the plaintiff was entitled to get the agreed rent reduced, and if so what should be the stan

Click Here to Read the rest of this document