Vineet Kothari - (1.) HEARD learned counsel for the parties. By the impugned judgment and decree dated 25.07.1998, the learned District Judge, Churu decreed the suit filed by the plaintiff - Trust being Civil Original Suit No.7/1997 - Sohan Lal Surana Charitable Trust Vs. State of Rajasthan & Ors. and money decree for arrears of standard rent fixed by the court below to the extent of Rs.1,09,270/ - has been passed by the learned court below. The dispute was only about whether the tenanted premises were only four rooms or the entire building in question. The possession of the suit premises has already been handed over to the plaintiff -respondent.
(2.) MR . A.K. Rajvanshy, learned counsel for the respondent plaintiff submitted that the defendant's witness himself has admitted in his evidence that monthly rent of Rs.10,000/ - was agreed by the Public Health & Engineering Department for the entire building in question and not only for four rooms. He further submitted that in the written statement filed by the defendant in para 3 and 5, and so also at page 5 of the impugned judgment, the rent of Rs.10,000/ - for the entire building was agreed for the period 23.08.1994 to 05.07.1995, the date on which the vacant possession was handed over to the plaintiff -respondent and no dispute was ever raised with regard to fixation of monthly rent of Rs.10,000/ - also. The learned trial court, therefore, decided the issue in favour of plaintiff on the basis of plaintiff's evidence produced by him vide Ex.19, rent note, and the admission of the defendants. Likewise, the Issue No.2, about the monthly rent being Rs.10,000/ - has also been decided in favour of plaintiff on the basis of evidence.
(3.) HAVING heard learned counsel for the appellant defendant and respondent -plaintiff and upon perusal of impugned judgment and decree and evidence on record, this Court is satisfied that the learned court below has correctly appreciated the evidence on record and decided all the issues relating to fixation of rent for the entire building at Rs.10,000/ - per month on the basis of plaintiff's evidence and defendant's own admission. Consequently, there is no force in the first appeal of the defendant -appellant and the same is hereby dismissed. No costs. The interim order granted by a coordinate bench of this Court on 13.07.1999 is hereby vacated. A copy of this judgment be sent to the learned court below forthwith.;