- (1.) THE present appeal filed under Section 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the said Act') is directed against the order dated 28th July, 2007 passed by the Additional District Judge No.1, Jaipur City, Jaipur (hereinafter referred to as 'the Court below' for convenience) in Civil Suit No.131/2006, whereby the Court below has fixed the provisional standard rent of the suit premises at Rs.2,000/ - per month under Section 7 of the said Act.
(2.) IN the instant case, it appears that the respondents -plaintiffs have filed the suit for fixation of standard rent in respect of the suit premises under Section 6 of the said Act, and in the said suit the Court below had fixed the provisional standard rent at Rs.2,000/ - per month under Section 7 of the said Act.
(3.) IT has been sought to be submitted by the learned counsel Mr. Amit Gupta for the appellant that the suit premises is being used as godown, however, there is no electricity or any other facilities in the said premises. According to him, the situation of the tenanted premises is in the premises of a temple and not on the main road of Chandpole, however, the Court below has taken into consideration the rent of the premises situated on the main road of Chandpole. Hence, according to the learned counsel for the appellant, the provisional standard rent fixed by the Court is very exorbitant. However, the learned counsel for the respondents supporting the impugned order passed by the Court below has submitted that use of the tenanted premises being of commercial nature, and the Court below having taken into consideration all the relevant factors for deciding the provisional standard rent, this Court should not interfere with the same.;