Ajay Rastogi, J. - (1.) WITH the consent of parties, the matter is finally decided at this stage.
(2.) INSTANT petition has been filed by defendant -petitioner assailing order of learned trial Judge dt. 27.09.2001 [Annex.5] whereby application for provisional rent pending suit has been determined -against which petitioner preferred appeal which was also dismissed on 06.02.2008 [Annex. 6]. Plaintiff -respondent No. 1 filed a suit for eviction on the ground of default under Section 13(3) of Rajasthan Premises (Control of Rent and Eviction) Act, 1950. Written statement has been filed by petitioner -defendant. Pending suit, learned trial Judge after taking note of material on record, provisional rent was determined and it was ordered to be paid along with interest and the appeal preferred by petitioner was also rejected. Hence, this petition.
(3.) COUNSEL for petitioner vehemently contends that suit premises was taken on rent by plaintiff's mother Smt. Rameshwari Devi and after her death, petitioner and his elder brother Chandra Prakash either of them were accepting rent and receipt to this effect has also been placed on record before learned trial Judge for its proper appreciation, but, that has not been looked into in right earnest. The finding, which has been recorded by learned trial Judge while determining provisional rent, is wholly erroneous and same is the error committed by learned ADJ while rejecting appeal preferred by him.;