KEJRIWAL, J.—This Civil Misc. Appeal under Sec. 22 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 has been filed against the order dated 12.3.92 passed by the Addl. District Judge No. 1, Bharatpur determining the provisional rent of the disputed shop at the rate of Rs.l00/- per month under sec. 13 (3) of the aforesaid Act.

2. The brief facts of the case are that the plaintiff-respondent filed a civil suit No. 46/91 before the aforesaid Court with the allegations that the appellant took the disputed shop on rent at the rate of Rs. 300/- per month, that the appellant did not pay rent from 1-4-1988 to 31-5-1991 and thus committed default in payment of rent; that the shop was let out for the purposes of selling cycle parts but the defendant-appellant without the permission of the plaintiff-respondent started the work of repairing of cycles, that the behaviour of the appellant is very rude and that the appellant has created nuisance. In support of his case that the rent was agreed at the rate of Rs. 300/- per month, the plaintiff-respondent submitted affidavits of himself and also of Banwari Lal and Prem Kumar. The defendant-appellant in his written statement denied the

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