JAINENDRA KUMAR RANKA,J. - (1.) Instant first appeal is directed against judgment & decree dt 5.8.1996 passed by Addl. District Judge No. 4, Jaipur City, Jaipur.
(2.) Brief facts noticed are that the plaintiff-appellant filed a suit for recovery of Rs. 2,20,000/- against the defendants, claiming herself to be the owner of premises described in para No. 1 of the plaint, known as "SRI NIWAS" situated at Bhawani Singh Marg, Jaipur. It is claimed that the defendants took the premises on rent from the appellant and a lease agreement was executed on 30.9.1986 to the effect that the premises was being taken on rent @ Rs. 5000/- per month for a period of five years. It was also agreed that the tenants will have no objection regarding increase in rent as per the norms fixed by the Central Public Works Department. It was then claimed in the plaint that vide letter dt 11.7.1991 the plaintiff informed defendant No. 2 that if the premises is to be retained by them further, then valuation may be got done before expiry of the lease period i.e. before September 1991, upon which defendant No. 3 enquired from the Jaipur Development Authority about the prevailing rate of rent per sq.yrd, upon which vide letter dt 7.10.1991 the JDA informed that the market rate per sq.yrd is Rs. 3600/- and the Executive Engineer (DW.1) re-valued the rent of "SRI NIWAS" and assessed in between Rs. 11195/- to Rs. 14396/-. Thereafter defendant No. 3 informed that the premises will be vacated on 30.6.1993. Defendants were paying rent @ Rs. 5000/- per month whereas the plaintiff claimed to be entitled to receive rent at the rate in between Rs. 11195/- to Rs. 14396/- for the period from 1.10.1991 to 30.6.1993 and, therefore, filed suit for recovery of Rs. 2,20,000/- from the defendants inclusive of future interest i.e. Rs. 22684/-.
(3.) The defendants in their written statement admitted the fact of taking the aforesaid premises on rent initially @ Rs. 5000/- per month, however, denied the claim of plaintiff that the rent was re-valued before expiry of the lease agreement to be paid @ between Rs. 11195/- to Rs. 14396/- per month and claimed that the plaintiff is not entitled to rent as claimed in the plaint. The defendants further claimed in their written statement that upto 31.8.1992, the rent was agreed to be paid @ Rs. 5915/- per month and thereafter the rent was increased to Rs. 6547/- per month vide letter dt 19.8.1991 for the period from 1.9.1992 to 31.8.1997. The defendants also claimed that the trial court had no jurisdiction insofar as financial claims are concerned.;