HARBANS LAL, J. - (1.) The instant civil miscellaneous appeal under section 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (in short 'the Act') is directed against the order dated 16.4.2003 passed by the learned District Judge, Sawaimadhopur in C.O.S. No. 44/2002 whereby the provisional rent has been determined under section 13(3) of the Act.
(2.) Briefly stated, the relevant facts are that the plaintiff-respondent instituted a suit for eviction and arrears of rent in the learned trial Court with the averments that the house described in para 1 of the plaint situated in Maharana Pratap Colony, Sawaimadhopur, was let out on 7.8.2000 to defendant-appellant on a monthly rent of Rs. 2,200/- p.m. who executed a rent note in her favour but he failed to make payment of rent w.e.f 7.8.2000. The defendant-appellant contested the suit by filing written statement on 3.1.2003 and denying the averments made in the plaint. As the suit was also based on the ground of default in payment of rent under section 13(1)(a) of the Act, the learned trial Court after hearing the parties determined the provisional rent vide impugned order dated 16.4.2003, on the basis of the pleadings of the parties, their examination examining u/O. 10 CPC and other materials on record. Aggrieved by the said order, the defendant-appellant has preferred this appeal.
(3.) I have heard learned counsel for the appellant on the admission of this appeal. He has contended that the trial Court has determined the provisional rent under section 13(3) of the Act, without deciding the question of relationship between landlord and tenant and the issue of title to the suit property.;