- (1.) THIS first appeal has been filed by the appellant- plaintiff (landlord) for enhancement of standard rent against the judgment and decree dated 14.07.2006 of learned trial court of Additional District Judge (Fast Track), No.2, Jodhpur in Civil Original Suit No.132/2004- Rameshwar Singh Vs. Gheesu Lal @ Gheesu, whereby the learned trial court has fixed standard rent of the suit premises, which is a plot of land, measuring 30'x 40', at Rs.1,000/- (Rupee one thousand only) from the date of filing of the suit i.e. from 31.07.2002.
(2.) AT that point of time, the respondent-defendant- tenant was paying monthly rent @ Rs.225/- per month only and the learned trial court after discussing the relevant evidence on page 6-7 of its judgment, has fixed the standard rent @ Rs.1,000/- per month while deciding the Issue No.1. Mr. R.K. Thanvi, Sr. Advocate, assisted by Mr. Narendra Thanvi, learned counsel for the appellant-plaintiff- landlord submits that valuation report of the suit property (Ex.P/1) was prepared by the PW.2, namely, M.C. Mehta (Chartered Engineer), according to which the valuation of the suit premises i.e. land in question is Rs.19,05,000/- in the year 2002 though the valuation of the construction thereon was Rs.12,218.95 only. The defendant-tenant was running a workshop of auto repairs in the suit premises. He further submits that the possession of the suit property has been handed over back to the plaintiff-appellant on 31.10.2010 and, therefore, the question with respect to payment of standard rent for the past period from 31.07.2002 till 31.10.2010, when the vacant possession was handed-over the plaintiff-landlord only remains. Learned counsel for the appellant-plaintiff-landlord, Mr. R.K. Thanvi, submitted that as per valuation report of the property in question, the plaintiff can fetch rent of the suit premises around Rs.15-20 thousand per month, however, the learned court below has fixed the standard rent only at Rs.1,000/- on the extraneous consideration of there being a "Harijan-Basti" near the plot of land in question and thereby reducing the valuation of the rent for the suit premises.
(3.) ON the other hand, learned counsel for the respondent-defendant, Mr. Jitendra Chopra, submits that the fair rent fixed by the learned court at Rs.1,000/- of the suit premises from the date of filing of the suit i.e. 31.07.2002 is just and proper and same does not require any enhancement in the present first appeal. Learned counsel for the defendant-tenant also argued that even after 31.10.2010, the plaintiff-landlord has not utilized the said plot of land and has not constructed anything on that plot.;