GOVERDHAN BARDHAR,J. - (1.) Since all these revision petitions have been filed under section 115 of CPC against the order dated 26.3.2015 passed by the Additional District Judge No. 4, Kota upholding the order dated 24.5.2010 passed by the Civil Judge (JD), Kota (North), whereby standard rent has been determined @ 2000/- per month of each suit shop from July,2000.
(2.) That brief and relevant facts of the case (S.B. Civil Revision No. 110/2015) are that on 03.07.2000, plaintiff/respondent filed a suit for fixation of standard rent under Section 6 of the Rajasthan Premises (Rent Control and Eviction) Act, 1950 (for short "the Act of 1950) stating that the suit shop was let out to the defendant at monthly rent of Rs. 400/-. It was further stated that the rent of the suit shop is very low and looking to the location of the suit property as well as prevalent rent in the locality, suit shop can fetch up to Rs. 2000/- per month. Since the defendant was paying less amount of rent, the plaintiff served legal notice on 01.06.2000 for enhancement of rent but the defendant denied for the enhancement and stated that rent so agreed is appropriate. Plaintiff further stated that since section 6(2) of the Act of 1950 has been declared ultravirus by the Hon'ble Rajasthan High Court, therefore, plaintiff has no other remedy except to file a suit for standard rent and prayed for fixation of standard rent @ Rs. 2000/- per month. After service, the defendant filed written statement on 25.07.2000 stating that the suit shop has been let out to the petitioner/defendant in the year 1985 and prior to this, the suit shop was let out to some other tenant on less rent. On the contrary, the defendant stated that in the same vicinity, which are situated on better location and having more area, maximum rent is below Rs. 400/- per month.
(3.) The plaintiff in support of the case examined PW-1 Balchand Nagar, PW-2 Banarsiram and exhibited documents Ex-1 to Ex-7. Defendant examined himself as DW-1, DW-2 Sharad Chatwani, DW-3 Sanjay Saxena and exhibited document of receipt of Trishul Electricals as Exhibit A-1A.;