ARUN MADAN, J. - (1.) THIS appeal Under Section 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 for short 'the Act' has been preferred to this Court against the order dt. 15.5.96, passed by learned A.D.J., Gangapur City in Civil Suit No. 1/95, whereby the arrears of rent due to the plaintiff/respondent were provisionally determined by the trial court Under Section 13(3) of the Act.
(2.) THE plaintiff/respondent has filed a suit for eviction and of arrears of rent against the appellant on 7.1.95 on account of default besides other grounds. It was alleged in the suit that the arrears of rent were due to the plaintiff w.e.f. 1.5.92 i.e. for 32 months @ Rs. 2,000/ - per month. It was further alleged that the rent note in this regard was duly executed between the parties on 1.5.92. The plaintiff had also raised the demand for house tax and electricity charges in the suit. The suit was contested by the appellant/defendant. A written statement was filed on his behalf, wherein it was contended that the shop was actually taken on rent w.e.f. 1.4.89 and not w.e.f. 1.5.92 as alleged by the plaintiff @ Rs. 1,075/ - per month and the rent was being paid regularly at the said rate. It was further submitted that the rent note was got executed under threat of eviction but it was never acted upon. The plaintiff himself had stated that the rent will continue at the old rate. It was further stated that no rent receipt was issued in lieu of payment of rent by the appellant -plaintiff, but the payment of rent had been duly entered by the appellant in the books of accounts, maintained in the regular course of business, which shows, that regular and upto date payment of rent had been made. The appellant had also contended that in the Gangapur City, there was not a single shop, which was left out at the exhorbitant rent of Rs. 2,000/ - per month. The rent was even otherwise exhorbitant and therefore the appellant prayed to the trial court for fixation the standard rent. In support of his pleas taken in the written statement, the defendant apart from filing his own affidavit, also filed the affidavits of various persons, which were filed in various suits for eviction relating to shops in the said area and the orders passed by the court Under Section 13(3) of the Act in various cases. Several rent notes were also filed in this regard to show that in all similar cases, the rent in respect of similar premises was below Rs. 500/ - per month. Counter claim was also filed to determine standard rent and for refund of excess rent, already paid.
(3.) LEARNED trial court vide its impugned order dt. 15.5.96 directed the payment of rent for the period 1.5.92 to 30.4.96 @ Rs. 2,000/ - per month, which comes to Rs. 96,000/ - for the said period towards arrears. It was observed by the trial court in this regard that the amount of rent deposited Under Section 19(A) of the Act will be adjustable and the interest @ 6 per cent shall be paid. However, the trial court while giving the said direction had not calculated any specific amount nor any period had been specified. Aggrieved by this order dt. 15.5.96, the appellant has preferred this appeal on the grounds inter -alia that the impugned order deserves to be set -aside, since no reasons have been recorded by the trial court for disbelieving the entries in the books of accounts maintained by the defendant -appellant in the regular course of business, showing payment of rent for the period 1989 -90 to 1995 -96. Cash book as well as ledger were also produced but the court below had not made any observation either to believe or disbelieve the same, but has simply observed that no rent receipt had been produced, hence entire amount is outstanding and due to be paid.;