1 S.B.CIVIL WRIT PETITION NO.8725/2004. Dharamshala Samasth Phool Maliyan. VERSUS Court of Addl.District & Sessions Judge No.8, Jaipur City, Jaipur and Others. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.8725/2004. Dharamshala Samasth Phool Maliyan. VERSUS Court of Addl.District & Sessions Judge No.8, Jaipur City, Jaipur and Others. 12.08.2009. HON'BLE MR.JUSTICE DALIP SINGH Ms.Ambika Desai, for the petitioner. ***** This writ petition has been preferred against the order dated 10.08.2004 by which the learned lower appellate court has partly allowed the appeal filed by the defendant-tenant against the order determining the provisional rent dated 21.02.2004. The learned trial court vide order dated 21.02.2004 had provisionally determined the rent @ Rs.100/- per month. On the appeal being filed, the learned lower appellate court by the impugned order dated 10.08.2004 has determined the provisional rent as Rs.30/- per month. During the course of hearing, it has been stated by the learned counsel for the petitioner that the suit is at the stage of evidence of the plaintiff-landlord. In the facts and circumstances, without expressing any opinion so far as the merits of the case 2 S.B.CIVIL WRIT PETITION NO.8725/2004. Dharamshala Samasth Phool Maliyan. VERSUS Court of Addl.District & Sessions Judge No.8, Jaipur City, Jaipur and Others. are concerned, this court is of the opinion that the impugned order having arisen out of the proceedings for determination of provisional rent, the parties are left to litigate their rights in the matter before the learned trial court by leading evidence and the learned trial court shall decide the issue involved with regard to the determination of the standard rent on the basis of the evidence led before it without being influenced either by any order passed by the learned trial court or by the order dated 10.08.2004 passed by the learned lower appellate court. The learned trial court is expected to decide the matter expeditiously. Needless to say that the impugned order shall be subject to the decision in the main suit. The writ petition accordingly stands disposed of, as above. (DALIP SINGH),J. Solanki DS, Jr.P.A.