GOVERDHAN BARDHAR,J. - (1.) S.B. Civil Regular First Appeal No. 776/2007 has been filed by the defendant-tenant for quashing and setting aside the Judgment and Decree dated 5.12.2006 passed by learned Addl. District Judge, No.4, Jaipur City, Jaipur ('the learned court below' for short) and S.B. Civil Regular First Appeal No. 16/2006 has been filed by the plaintiffs-landlord against the Judgment and Decree passed by the learned court below for quashing and setting aside the same as also to enhance the standard rent upto Rs. 50,000/- per month as per the pleadings of the suit. Since in both the first appeals, the facts are common as the same arise out of common Judgment and Decree, hence both the appeals are being decided by this common Judgment.
(2.) Brief facts of the case are that on 7.5.2002 the plaintiffs-landlord filed a civil suit mentioning therein that they are having a joint property measuring 197 and 1/3 square yard (details mentioned in the suit) situated behind the Central Bank Building, Sansar Chand Road, Jaipur. The plaintiffs-landlord averred in the suit that the aforesaid property was in the name of Smt. Pritam Kunwar widow of Shri Nahar Singh (mother of plaintiffs-landlord No.1 and 2) and Smt. Indra Kumari d/o Sukhdev Singh. Smt. Pritam Kunwar died on 24.11.1990 and therefore, the plaintiffs No.1 and 2 being the legal heirs, became the owner of the part of the property/land belonging to Smt. Pritam Kunwar. The plaintiffs-landlord further averred that on 23.12.1972 the defendants-tenant rented the property, as mentioned in the suit and since 01.01.1985, an amount of Rs. 1100/- p.m rent is being paid by the defendants-tenant. The plaintiffs-landlord further averred that the property is situated at an important centrally located place and the same has got its high commercial value which is near Government Hostel, Sansar Chand Road, where the estimated cost of the land is very high @ Rs. 30-40 thousand per square yards. The plaintiffs-landlord further averred that the Public Works Department as per the market trend and assessment, assessed the standard rent of the aforesaid property/land to the tune of Rs. 50,000/- per month. Thus, the plaintiffs-landlord prayed for declaration of standard rent @ Rs. 50,000/- p.m. The defendants-tenant filed written statement of denial to the suit.
(3.) The plaintiffs-landlord filed counter to the written statement and reiterated the averments made in the suit.;