S.N.BHARGAVA,J. - (1.) THIS is a revision petition against the order dated 31.7.1985 passed by Additional Civil Judge No. 2, Jaipur City, deleting Issue No. 6 and rejecting the application of the defendant-petitioner under Section 7 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, hereinafter referred to as the 'Act'.
(2.) THE non-petitioner plaintiff filed a suit for ejectment against the defendant-petitioner on the ground of material alteration and nuisance. It has been further alleged that the agreed rent was Rs. 750/- per month. In the written statement, the defendant-petitioner admitted the tenancy and also admitted that the rent was agreed to be Rs. 750/- per month. In the additional pleas, it was submitted that the rent of Rs. 750/- was in excess. The previous tenant was paying Rs. 425/- per month and the standard rent of the suit premises could not be more than Rs. 425/- per month and therefore, the defendant was liable to pay only a sum of Rs. 425/- per month being the standard rent and he paid a court-fee of Rs. 10/- and also prayed in the written statement that the standard rent @ Rs. 425/- per month may be fixed. The plaintiff held a rejoinder and also denied the claim of the defendant-petitioner for standard rent. The trial Court framed Issue No. 6 as under :
(3.) ON 23.2.85, the defendant-petitioner filed an application under Section 7 of the Act, praying that the provisional rent be fixed at the rate of Rs. 425/- per month. The trial Court while disposing of this application held that since the plaintiff had not claimed ejectment on the ground of arrears of rent, the defendant-petitioner could not ask for the fixation of standard rent or for fixing provisional rent, and rejected the said application vide order dated 31.7.85, and while disposing of the said application, it also struck of Issue No. 6 on the ground that the defendant cannot raise such a plea. It is against this order that the present revision petition has been filed.;