Mahesh Bhagwati, J. - (1.) By way of the instant writ petition, the petitioner-plaintiff has beseeched to quash and set-aside the order dated 24th July, 2001, whereby the learned Additional District Judge No.2, Sikar, set-aside the orders dated 17th August, 2000 and 18th July, 2000 passed by learned Civil Judge (Sr. Division), Sikar.
(2.) Adumbrated in brief, the facts giving rise to this writ petition are that the petitioner-plaintiff filed a suit for eviction relating to suit property on the grounds of material alteration and non user against the respondents-defendants no. 3 and 4 as also the proforma respondents-defendants no. 5 and 6. The respondents no. 3 and 4 filed the written statement gainsaying the allegations made in the plaint. Based on the pleadings, the learned trial court framed the following issue: (i) Whether the plaintiff is the owner of the disputed property and whether there is a relationship of tenant and landlord between the plaintiff and defendants no. 1 and 2?
(3.) Having recorded the evidence of both the parties, the learned Civil Judge, Sr. Division, decided the said issue in favour of the petitioner-plaintiff vide his order dated 18th July, 2000. It has emerged on record that no revision was preferred by the respondents-defendants against the said order in the High Court and thus, this order dated 18th July, 2000 (Annexure-1) attained finality. Thereafter the learned Civil Judge determined the provisional rent of the suit premises under Section 13 (3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (here-in-after to be referred to as "Act, 1950") on 17th August, 2000. The provisional rent was determined at Rs.6050/- for the period from 1st August, 1990 to 31st July, 2000 and an amount of Rs.1830/- was allowed as interest on the determined amount of rent. Thus, an amount of Rs.7880/- were directed to be deposited with a further direction that the monthly rent shall be deposited by the defendants on the prescribed date of every month.;