SHARMA, J. - (1.) SINCE both the instance appeals have been filed against the order dated March 8, 1999 of the learned Additional District Judge No. 5 Jaipur City, they were heard analogously and are being disposed of by a common order.
(2.) IN Misc. Appeal No. 642/1999, the grievance of the defendant-tenant is that determination of provisional rent to the tune of Rs. 1,0001/-per month by the learned court below is per se illegal and without jurisdiction. Whereas in Misc. appeal No. 848/1999 the plaintiff land lord have prayed to enhance the provisional rent from Rs. 1,000/-to Rs. 25,000/-per month. Brief facts of the case are that the plaintiff-respondents (in short the land lord) instituted a suit for eviction and recovery of due rent against the defendants (in short the tenant) on the ground of default in payment of rent, personal bonafide necessity, subletting and material alteration etc. The land lord in the suit also made a prayer for fixation of standard rent of the rented premises from Rs. 398. 43 per month to Rs. 47,000/-per month under Section 6 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (in short the Rent Act ). After filing of the written statement, the case was listed for determination of provisional rent. The learned trial court vide the impugned order determined the provisional rent in view of the provisions contained In Section 7 and section 13 (3) of the Rent Act as Rs. 1,000/-per month and directed the tenant to deposit the provisional rent from July 1, 1994. While disposing these miscellaneous appeals, 1 am not inclined to appreciate the arguments advanced before me by the learned counsel for the parties on merits as my findings may affect the case of the either party. 1 am of the considered opinion that the learned court below was within its jurisdiction to determine the provisional rent by attracting the provisions contained in Section 7 and section 13 (3) of the Rent Act. Such determination of the rent which is provisional in nature does not finally determine the rights of the parties and such provisional rent shall ultimately be subject to the final determination of the standard rent to be fixed by the court under section 6 of the Rent Act. At the stage of determining the provisional rent the trial court has to take into consideration cumulatively the provisions of Section 13 (3) as well as Section 7 of the Rent Act. The provisional rent so determined should be fair and just in the facts and circumstances of the case. I am unable to persuade myself to agree with the submissions of Mr. PC. Shah, learned counsel appearing for the tenant that provisional rent cannot be determined retrospectively Sub-section (2) of Section 7 of Rent Act provides that provisional rent fixed under said section shall also apply to arrears of rent. In so far as submissions of Mr. D. D. Patodia, learned counsel appearing for the land lord is concerned, 1 find no merit as determination of provisional rent has not finally determined the rights of the parties and the provisional rent shall ultimately be subject to the final determination of standard rent to be fixed by the court under Section 6 of the Rent Act.
(3.) THE appeals have no merit and are accordingly dismissed. Costs easy. .;