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2006 Supreme(Raj) 2610

R.S.CHAUHAN
A. Mukherjee Company – Appellant
Versus
Coventry Metals Pvt. Ltd. – Respondent


Advocates Appeared:
O.P. Garg, for Appellant A.K. Bhandari, Sr. Advocate with Ananat Bhandari, for Respondent

Honble CHAUHAN, J.–The contest between the landlord, the appellant before us and the tenant, the respondent before us, over the fixation of the provisional rent, has brought the parties before this court. Vide Order dated 18.7.2003, passed by the Additional District Judge No. 9, Jaipur City, the learned Judge has fixed the provisional rent of the building at the rate of Rs. 7000/- per month-- a provisional rent which is too little according to the appellant.

(2). The brief facts of the case are that the appellant No. 1 was a partnership firm which owned a "Pital Factory" ( a brass factory) situated on the Jhotwara Road in Jaipur. The said firm manufactured semis of Non-ferrous metals. Subsequently, the said firm was converted into private limited company by the name of Coventry Metals (Rajasthan) P. Ltd. In this Company the ex- partners of Appellant No. 1 had also become Directors and share holders of the defendant respondent Company. Therefore, the Appellants had let out the "Pital Factory", on 1.3.1970 to the defendant Company at a nominal rent of Rs. 1, 050/- per month. Subsequently, a registered lease deed was executed on 23.1.1972. The suit premises were let out for a period of









































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