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2003 Supreme(Raj) 857
Rajasthan High Court, Jaipur Bench
Honble A.C. GOYAL, J.
Balbeer Kumar Jain & Anr. - Appellant
Versus
Tripti Kumar Kothari - Respondents
S.B. Civil First Appeal No. 294 of 2003
Decided On : October 22, 2003
R.K. Agarwal & J.S. Rastogi, for Appellants S. Kasliwal, P.C. Jain & B.L. Agarwal, for Respondents Abhay Bhandari, Senior Advocate with Manish Sharma, Intervener
Headnote:Rajasthan Rent Control Act, 2001, Secs. 6 and 32; Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Secs. 6 and 7 – Fixation of standard rent – Whether the proceedings for fixation of standard rent under the repealed Act pending on the date of commencement of Act of 2001, would be governed by the Act of 1950 or by the new Act of 2001 – Held – As per the provisions of Sec. 32(3)(a) of the new Act all the applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any Court shall be continued and disposed of in accordance with the provisions of the repealed Act, as if the replealed Act continued in force and the new Act had not been enacted. (Para 13)
Sections 6 & 7 of the Old Act providing for fixation of standard rent in absence of an agreement or in case of the agreed rent is low or excessive as the case may be are not inconsistent with the provisions of Section 6 of the New Act providing for revision of rent in existing tenancies. Only on account of this aspect that in case standard rent is fixed in accordance with provisions of old Section 6, that may be higher in comparision to the rent revised under Section 6 of the New Act is no ground to hold that pending applications, suits or other proceedings under the repealed Act on the date of commencement of this New Act would be governed by the New Act. At the cost of the repetition, it is observed that the Provisions of Section 32(3)(a) of the New Act are very clear and thus all the proceedings for fixation of standard rent pending under the old Act on the date of commencement of the New Act shall be continued and disposed of in accordance with the provisions of the Repealed Act. (Para 13)
``Whether the proceedings for fixation of standard rent under the repealed Act pending on the date of commencement of the Rajasthan Rent control Act, 2001, would be governed by the Rajasthan Premises (Control of Rent & Eviction) Act 1950 (for short the old Act) or by the provisions of Rajasthan Rent Control Act 2001 (New Act) which came into force w.e.f. 1.4.03.?
(2). Civil First Appeal Nos. 294/03, and 373/2003, respectively filed by tenants and landlord are preferred against the judgment and decree dated 29.5.2003, passed in Civil Suit No. 28/2000, whereby learned Additional District Judge No. 7, Jaipur City, Jaipur, while dismissing the suit for eviction fixed Rs. 2500/- per month as standard rent under Section 6 of the Old Act. The tenants have come against the order of fixation of standard rent while the landlord has filed the appeal challenging the judgment and decree dismissing the suit for eviction as well as fixation of standard rent at lower side.
(3). Civil Misc. Appeal No. 1227/2003, is preferred by tenant Prahlad Narain against the impugned order dated 10.4.2003, by which learned Additional District Judge No. 6, Jaipur City. Jaipur, provisionally fixed the rent under Section 7 of the Old Act at the rate of 8,000/-, in Civil Suit No. 195/2001, filed for eviction and for fixation of standard rent as provided under Section 6 of the Old Act.
(4). Civil Misc. Appeal No. 1617/2003, is preferred against the order dated 4.7.2003, by which learned Additional District Judge No. 6, Jaipur City, Jaipur, provisionally fixed standard rent at the rate of Rs. 2,000/- under Section 7 of the Old Act, in Civil Suit No. 41/2002, filed for fixation of standard rent under Section 6 of the Old Act.
(5). Before adverting to the rival submissions, the relevant provisions of the Old & New Act are reproduced as under:-
Old Act
Section 6. Fixation of Standard rent:-(1) Where no rent has been agreed upon or where for any reason the rent agreed upon is claimed to be low or excessive, the landlord or the tenant may institute a suit in the lowest court of competent jurisdiction for fixation of standard rent for any premises.
(2) the court shall, after holding such summary inquiry as it may consider just and necessary determine the standard rent for such premises and shall, in doing so, act according to the following principles, namely:-
(a) Where the premises are let for residential purposes or for any of the purposes of the public hospital aushadhalaya or dawakhana, a recognised educational institution, a public library or reading room or any orphange the standard rent shall not exceed the basic rent increased by fifty percent thereof; and
(b) Where the premises are let for any other purposes, the standard rent shall not exceed two and half times the basic rent thereof;
Provided that where the premises have been First let after the first day of January, 1965, the standard rent shall not exceed the basic rent thereof:-
Provided further that where the fair rent or standard rent for any premises has been determined or redetermined by any court under this Act or by any authority under any law or order repealed by section 30 before the commencement of the Rajasthan Premises (Control of Rent and Eviction) (Amendment) Ordinance, 1975 and the amount of such fair rent or standard rent is the same as would be determinable as standard rent by the Court under this section the fair rent or standard rent previously determined or redetermined shall not be disturbed.
Explanation:- For the purposes of this sub-section, the basic rent of any premises shall mean the rent at which the premises were let on the first day of January, 1962 and, if not let on that day, the rent at which they were first let after that day.
(3) Where for any reason it is not possible to determine the standard rent of any premises on the principles set out in sub-section (2); the court shall determine such rent having due
