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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Kailash Chandra S/o Late Shri Chellaram Gurnani – Appellant
Versus
Mukesh Kumar S/o Shri Madanlal Aggarwal – Respondent
| Table of Content |
|---|
| 1. the appellant challenges the standard rent fixation based on longstanding low rent. (Para 1 , 2) |
| 2. arguments presented question the basis and process of the rent increase. (Para 3) |
| 3. respondents substantiate their claims with evidence of market rental valuations. (Para 4) |
| 4. court affirms lower court findings on reasonable rent based on economic conditions. (Para 5 , 6 , 7) |
| 5. judicial discretion upheld in determining significant questions of law. (Para 8) |
| 6. final conclusion rejects the appeal due to lack of substantial legal grounds. (Para 9 , 10) |
ORDER :
1. The present Civil Second Appeal has been preferred by the appellant–defendant–tenant assailing the judgment and decree dated 13.12.2023 passed by the learned Additional District Judge No. 3, Bhilwara, in Civil Appeal No. 25/2022, whereby the first appeal was dismissed and the judgment and decree rendered by the learned Senior Civil Judge No. 2, Bhilwara, in Civil Original Case No. 612/2014, came to be affirmed.
2. In brief, the facts giving rise to this appeal are that the respondents–plaintiffs instituted a civil suit seeking fixation of standard rent in respect of two shops situated at Chandrashekhar Azad Marke
Standard rent fixation must reflect contemporary market conditions and is upheld unless substantial legal errors are demonstrated.
The court affirmed the trial court's discretion in determining standard rent and the effective date for its applicability under the Rajasthan Premises Act.
The court established that ongoing rent fixation cases are governed by the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, despite the enactment of the Rajasthan Rent Control Act, 2001.
The court reaffirmed that a landlord's contractual rent rate is valid unless proven excessive, emphasizing the ineffectiveness of arbitrary rent reductions in commercial leases under the Bombay Rent ....
Fair rent determination must balance tenant's ability to pay with local market conditions and property value, ensuring just increases over time.
The main legal point established in the judgment is the requirement for the defendant to substantiate claims with evidence, and the Court's reliance on credible testimony and admissible evidence to m....
when a suit is filed for eviction of a tenant for being a defaulter in payment of rent, can the tenant thereafter file an application for fixation of rent.
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