JUDGMENT
Gyan Sudha Misra, J.
1. This appeal has been preferred against the order dated 16.4.2004 passed by the Additional District Judge No. 2, Jaipur City, Jaipur who has been pleased to pass an order determining provisional rent of the suit premises at Rs. 18,000/- per month and has thus enhanced it from Rs. 150/- to Rs. 18,000/-. This order has been passed in a suit which was filed by the plaintiff-respondents for determination of fair rent of a shop which is situated at Johri Bazar, Jaipur which is of prime commercial importance in the City of Jaipur. The disputed premise is a shop comprising an area of 350 sq. yards where the defendant-appellant is conducting his business of sale of vegetable-oils as a retailer. The rent of the suit premises was fixed at Rs. 150/-in the year 1987 under the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 as the rent of the area at that point of time could not have been enhanced more than two and half times. While the suit for determination of fair rent is still pending disposal, the provisional rent of the disputed shop has been fixed at Rs. 18,000/- by the Court below and the defendant-appellant feeling aggrieved with this enhancement has filed this appeal.
2. The counsel for the appellant and the respondents were heard at length on the impugned order of enhancement of rent wherein it was contended by the appellant’s counsel that the rent of the disputed premises is extremely exorbitant and has been enhanced 120 times and it has been further submitted that the rent prevalent in the surrounding areas of Johri Bazar, Jaipur is much less than what has been fixed by the Court below.
3. The counsel for the respondent-landlord on the contrary submitted that the area in question being commercially viable which is situated at Johri Bazar, the provisional rent which has been fixed by the Court below is much less than the market rent prevalent in the area. According to his submission, the area in question even as per the rate fixed by the District Level Committee is Rs. 94,000/- per sq. meter and at this rate the rent of the disputed premises would be much more than what has been fixed by the Court below. However, no evidence has been adduced before the Court below in this regard and even if that be correct, it has to be borne in mind that if a provisional rent is determined in a suit which has been filed for determination of fair rent, emphasis has to be laid on the fairness of the whole exercise after considering the evidence at least prima facie on the basis of which rent can be determined. Bearing this position in mind and after ascertaining the prevalent rent in the surrounding areas, I consider it appropriate to hold that the provisional rent of the disputed premises could not have been enhanced to such an extent where the element of fairness itself disappears from the whole-exercise with the result that it amounts to coercion on the tenant. In the instant matter, the area in question is only 350 sq. yards and the structure thereon is stated to be in a disapidated condition as it is a very old construction.
4. Taking all these factors into consideration which includes the quantum of the area, the nature of construction alongwith the plea of the respondent-landlord that inspite of all the draw- backs of, the building, it is commercially situated at very important location, a balance has to be struck between the two extremes of low and high and, therefore, I deem it appropriate that the provisional fair rent of the area for the time being can be fixed at Rs. 8,000/- per month which shall be payable by the defendant-appellant as already directed by the Trial Court. It is obvious that this order is subject to the final determination of the suit for fixation of fair rent. This amount shall be paid from the date of order passed by the Trial Court.
5. The impugned order of the Trial Court stands modified to the aforesaid extent and the appeal thus stands partly allowed.