CW 3075/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3075/07 Mohammad Ismile Versus Abdul Matim & Ors. DATE OF ORDER : 03/07/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Anant Bhandari, for petitioner *** Instant petition has been filed by petitioner assailing order of learned Rent Tribunal determining provisional rent of Rs.5,000/- of the suit premises vide order dt.10th March, 2005. However, on appeal being preferred by petitioner, learned Appellate Tribunal reduced the provisional rent from Rs.5,000/- to Rs.3,000/- taking note of size of the commercial shop and DLC rates & price which he paid while purchasing shop in dispute in January, 1995. This being provisional rent determined by the appellate Tribunal, it was obviously subject to adjustment as and when final rent is determined on adjudication. Counsel for petitioner submits that neither the size of the shop nor any other cogent material was placed by the plaintiff-respondent on record to substantiate while determining the CW 3075/07 [2] provisional rent of the shop in question. In absence whereof, the Tribunal and so also court of appeal has committed an apparent error in determining the provisional rent and the order requires interference by this Court. A bare look of the order of court of appeal dt.16th March, 2007 application filed by plaintiff U/O 41 R.27 seeking amendment and so also U/O 6 R.17 CPC was duly considered and there was material on record to justify determining the provisional rent and while doing so, the court of appeal has taken note of size of the shop the price which the plaintiff-respondent paid while purchasing shop in question in 1995 and so also DLC rates fixed by the Government and taking into consideration determined Rs.3,000/- as provisional rent. This court has gone through the order impugned and does not find any manifest error committed by appellate Tribunal in determining provisional rent under order impugned which may call for interference. Consequently, writ petition fails and is hereby dismissed. [AJAY RASTOGI], J. FRBOHRA3075CW07 3-7.doc