- (1.) HEARD learned counsels for the parties. The present first appeal filed by the appellant - defendant under Section 96 of Code of Civil Procedure is directed against the judgment and decree of the court below of learned Additional District Judge No. 1, Jodhpur dated 20.07.2011 in Civil Original Suit No. 106/1999 - Shree Mewara Kshatriya Samaj vs. Sampat Singh. The suit was filed by the plaintiff - respondent Shree Mewar Khatriya Samaj for fixation of standard rent in respect of the suit shop No. 11 measuring 10 x 24 ft = 240 Sq. ft. situated at main market area of the city i.e. Chopasni Road, Jodhpur, which was initially given on rent to the defendant - appellant to Shri Sampat Singh s/o Shri Om Dutt @ Rs. 175/ -.
(2.) THE learned court below has fixed the standard rent @ Rs. 2,500/ - per month from the date of filing of the suit i.e. on 16.10.1999 and @ Rs. 4,000/ - from the date of the passing of the decree i.e. 20.07.2011.
(3.) THE appellant - defendant has approached this Court by way of present appeal assailing the said judgment and decree on the ground that the market rate of rent prevailing during this period was less and the defendant had led evidence before the court below that the shops owned by the same plaintiff Shri Mewar Kshatriya Samaj were given at lesser rent. Learned counsel for the appellant - defendant, Mr. Jitendra Chopra relying upon two decisions of this Court in the cases of Brahma Nand vs. Durga Prashad and others reported in, 2004 (3) RLW Raj. -1569 and Lalchand vs. Rameshwarlal reported in, 2003 (1) DNJ (Raj.) 98, submitted that the rent fixed under Section 6(3) of the Old Rent Control Act, 1950 has to be based on the basis of prevailing / standard rent for similar premises in the same locality, the various amenities, cost of construction, maintenance etc. and, therefore, the rent fixed by the court below deserves to be reduced on the basis of the evidence adduced by the appellant - defendant. On the other hand, learned counsel for the plaintiff - respondent, Mr. J.R. Patel urged that the market rate of the rent for the said size of the shop in the main business area of the Jodhpur City at Chopasni Road is infact higher and the shops in the nearby area itself have been let out to the various tenants at the monthly rent of Rs. 6,000/ -to Rs. 7,000/ -. He also submitted that if vacant possession of the suit shop is given, the rent of the same suit shop can be fetched @ Rs. 18,000/ - per month in view of the evidence adduced Ex. 3 and Ex. 4 in this regard. Having heard learned counsels and upon perusal of the reasons given by the court below discussing the relevant evidence, this Court is of the opinion that the standard rent fixed by the court below is perfectly just and reasonable and is based on cogent evidence led by the plaintiff - respondent and the judgments relied upon by the defendant - appellant are distinguishable and the same do not apply to the facts of the present case. The Chopasni Road of Jodhpur City is even main business line road of the City. This shop size can even fetch more rent, than the standard rent fixed by the court below. The court below after considering the evidence led by the landlord, fixed reasonably at the aforesaid rent @ Rs. 2,500/ - per month from the date of filing of the suit i.e. 16.10.1999 and @ Rs. 4,000/ - from the date of decree dated 20.07.2011. There is no force in the present appeal, the same is accordingly dismissed. No costs.;