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2006 Supreme(Raj) 2332

R.S.CHAUHAN
Om Prakash Taneja – Appellant
Versus
Saraogi Mansion Estate Pvt. Ltd. – Respondent


Advocates Appeared:
Ashok Kumar Sharma, for Appellant S. Kasliwal, A. Kasliwal, for Respondent

Honble CHAUHAN, J.–The dispute over the determination of the provisional rent and its payment by the tenant to the landlord has raised an interesting legal issue: whether while determining the provisional rent under Section 7 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (henceforth to be referred to as `the Act, for short), the court has the power to direct the payment of the said rent from the date of filing of the application under Section 6 of the Act or not?

(2). The appellant is challenging the Order dated 9.12.2003, passed by the Additional District Judge, No. 8, Jaipur, whereby the learned Judge has fixed the provisional rent of the showroom at Rs. 57,500/- per month and has directed the appellant to pay the said amount to the respondent from 16.4.2001, the date of the filing of the suit under Section 6 of the Act.

(3). The brief facts of the case are that the landlord, the respondent before this Court, had filed a suit under Section 6 for fixation of standard rent for the showroom rented by the appellant. According to the plaint, the Saraogi Mansion is a commercial building situated on M.I. Road of Jaipur the main artery of Jaipur. The appellant wanted t














































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