- (1.) The matter has come up for consideration on the confirmation of the stay order dated 06.04.2005. However, considering the facts and circumstances of the case, the appeal is heard finally.
(2.) The present appeal was initially filed by the original appellant-defendant Bhura, son of Shri Kishan Lal under Section 22 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter referred to as "the said Act"), challenging the order dated 23.03.2005 passed by the Additional District Judge (Fast Track) No.2, Alwar (hereinafter referred to as "the court below") in Civil Suit No.140/2004, whereby the court below has fixed the interim rent @ Rs.2,000/- per month for the suit premises, pending the eviction suit as per the provision contained in Section 13(3) of the said Act. It appears that during pendency of the appeal, the original appellant had expired and his heirs have been brought on record.
(3.) It appears that the respondent-plaintiff has filed the suit before the court below seeking eviction of the appellants on the ground of their making defaults in payment of agreed rent and also on the ground of personal and bonafide requirement. In the said suit, the respondent had filed the application for fixing the interim rent of the premises under Section 13(3) of the said Act. The court below vide the impugned order had fixed the interim rent @ Rs.2,000/- per month holding interalia that the agreed rent of Rs.400/- was too less. The court below had also directed the appellants to deposit the arrears of interim rent @6% per month from 30.01.2000 to February 2005. Being aggrieved by the said order, the present appeal has been filed by the appellant.;