R.R.YADAV, J. - (1.) THE instant revision petition has been filed against the order dated 9.10.1996 passed by the learned Additional District Judge, No. 1, Jodhpur in Civil Appeal No. 59 of 1996 setting aside the order passed by the learned Additional Civil Judge (Junior Division), No. 6, Jodhpur in Original Civil Suit No. 65 of 1995 whereby the learned first appellate court reduced the provisional determination of rent of the shop in dispute by the learned trial court from Rs. 500/ - to Rs. 50/ - per month.
(2.) HEARD learned Counsel for the parties and perused the original record requisitioned from learned trial court. It is evident from perusal of paragraph 2 of the plaint that Rs. 350/ -was agreed rent between the parties at the time when the shop in question was let out to defendant -respondent Jabar Singh in the month of January 1986. Later on, the rent was enhanced from Rs. 350/ - to Rs. 400/ - per month and thereafter from Rs. 400/ - to Rs. 500/ - per month. It is to be noticed that in the plaint Rs. 500/ - per month rent is averred to be last paid rent of the shop in question. The details of enhancement of rent are disclosed in paragraph 3 of the plaint. The defendant - respondent had filed a written statement denying the averments made in paragraph 2 of the plaint. It is stated by him that initially the agreed rent of the shop in question was not Rs. 350/ - per month but it was Rs. 50/ - per month only. He has further denied enhancement of rent from Rs. 350/ - to Rs. 500/ - per month on different dates disclosed in the plaint. He had also denied that the landlord plaintiff -revisionist was giving receipts relating to payment of rent of the shop in question. It is strange that the tenant -defendant has not disclosed in his written statement what was last paid rent of the shop in question within the meaning of Sub -section (3) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act of 1950').
(3.) THE plaintiff -revisionist moved an application under Sub -section (3) of Section 13 of the Act of 1950 for determination of provisional rent and both the parties adduced evidence by way of affidavits in support of their respective claims. The deponents, who filed affidavits in support of tenant -defendant -respondent have stated that the shops appurtenant and other shops in the same locality are let out at rate of Rs. 5/ - to 15/ - and no shop in the vicinity of disputed shop is let out at the rate of Rs. 500/ - per month whereas the deponents who filed affidavits in support of the plaintiff -landlord revisionist have stated that rent of the shops situated in the same vicinity is from Rs. 500/ - to Rs. 700/ - per month. One of the deponents stated that he is paying Rs. 700/ -per month rent of a shop of the same size in the vicinity of the disputed shop whereas another deponent stated in his affidavit that he is paying Rs. 600/ - per month rent in the same locality of a shop of same size.;