Honble JAIN, J. — This revision petition has been filed by the tenant against the order of the Civil Judge, Churu dated February 19, 1994 by which he has allowed the appeal and set aside the order of the Munsiff, Sardar Shahar dated October 7, 1985 fixing provisional rent @ Rs. 400/- p.m. under Section 7, Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short the Act) and has fixed provisional rent at the agreed rate Rs. 700/- per month.

(2). The facts of the case giving rise to this revision petition may be summarised thus. In the year 1983, the plaintiff-non- petitioners M/s Khetsidas Sheoji Ram and its two partners (tenants) filed a suit for fixation of standard rent under section 6 of the Act against the defendant-non-petitioners (landlords) with the averments, in short, that on May 5, 1979, the suit shop was taken on monthly rent of Rs. 700/-, it is exorbitant and excessive and the prevailing rent of the neighbouring shops ranges in between Rs. 100-150/- p.m. and praying that the standard rent be fixed @ Rs. 150/- per month. In their joint written statement, the defendants admitted that the suit shop was let out to the plaintiffs on monthly rent of Rs. 700/-. Th

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