[2025:RJ-JP:19915] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 322/2024 1. Union Of India, Through Secretary, Ministry Of Post And Tele Communication, Central Secretariat, New Delhi 2. Post Master General Rajasthan Circle, Sardar Patel Road, C-Scheme, Jaipur (Raj.) 3. Superintendent, Post Office, Station Road, Jaipur (Raj.) 4. Post Master Post Office, Tiwari Building, M.i. Road, Jaipur (Raj.) ----Petitioners Versus Ambrish Kumar Tiwari Son Of Late Shri Arun Kumar Tiwari S/o Late Shri Arun Kumar Tiwari, Aged About 48 Years, Resident Of House No. 337, Tiwari Bhawan, Nahargarh Road, Chowkadi Purani Basti, Jaipur (Raj.) ----Respondent For Appellant(s) : Mr. Parag Rastogi, Adv. For Respondent(s) : Mr. J P Goyal, Senior Counsel with Ms. Jyoti Swami, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment DATE OF JUDGMENT /05/2025 Instant civil revision petition has been preferred by the petitioners-defendants (for short 'the defendants) against the order dated 26.07.2024 passed by Additional District Judge No. 9, Jaipur Metropolitan-II (for short 'the appellate Court') in civil misc. appeal No. 07/2024 titled as "Ambrish Kumar Tiwari Vs. Union of India and Ors." whereby the appellate Court while partly allowing the appeal, set aside the order dated 24.01.2024 passed by the trial Court in civil suit No. 149/2014 (70/1997) titled as "Ambrish Kumar Tiwari Vs. Union of India and Ors.", determined the interim rent of the premises as Rs. 25,000/- and held the plaintiff entitled to get the interim rent @ of Rs. 25,000/- from the defendants. [2025:RJ-JP:19915] (2 of 4) [CR-322/2024] Defendants were directed to pay arrears of rent @ of Rs. 25,000/- per month from i.e. 18.01.1997 to 30.06.2024 within three months and further directed to pay the monthly interim rent at the said rate by 15th of every succeeding month. Learned counsel for the defendants submits that respondent- plaintiff (for short 'the plaintiff') filed a civil suit for eviction and damages against the defendants before the trial Court in which trial Court vide order dated 24.01.2024 determined the interim rent of Rs. 2,000/- under Section 7 of the Rent Control Act, 1950. Being dissatisfied with the order dated 24.01.2024, the plaintiff filed an appeal before the appellate Court and the appellate Court vide its order dated 26.07.2024 set aside the order dated 24.01.2024 passed by the trial Court and determined the interim rent of the premises at Rs. 25,000/- and directed defendants to pay arrears of the interim rent @ Rs. 25,000/- per month from the date of presentation of suit i.e. 18.01.1997 to 30.06.2024 within three months and also directed them to pay monthly interim rent at the said rate by 15th of every succeeding month. Learned counsel for the defendants further submits that appellate Court had committed an error in giving direction to pay the interim rent of Rs. 25,000/- from the date of presentation of suit i.e. 18.01.1997 because appellate Court had no jurisdiction to pass such order. Interim rent determined by the Court is to be paid from the date of the order. So, the order dated 26.07.2024 passed by the appellate Court be set aside. Learned counsel for the defendants placed reliance upon the judgment passed by this Court in the case of "Reshma Khatwani [2025:RJ-JP:19915] (3 of 4) [CR-322/2024] (Smt.) Vs. M/s Saraogi Mansion Estate Pvt. Ltd." passed in civil appeal No. 512/2004 decided on 14.09.2006. Learned Senior counsel for the plaintiff opposed the arguments advanced by learned counsel for the defendants and submitted that the appellate Court rightly ordered to pay the arrears of interim rent of Rs. 25,000/- from the date of filing of the suit after considering the various valuation reports furnished by the parties. So, the petition filed by the defendant being devoid of merit, is liable to be dismissed. I have considered the arguments advanced by learned counsel for the defendants as well as learned senior counsel for the plaintiff. It is an admitted position that the trial Court vide order dated 24.01.2024 determined the interim rent of Rs. 2,000/- from the date of the order but the appellate Court while considering the various valuation reports, determined the interim rent of Rs. 25,000/- per month and also permit the same to be paid from the date of presentation of suit i.e. 18.01.1997. So, in my considered opinion, the appellate Court had committed an error in giving direction to pay the interim rent from the date of presentation of the suit. As per the provision, it should be paid from the date of the order i.e. 24.01.2024 by which the trial Court had determined the interim rent. So, in my considered opinion, the petition filed by the defendants deserves to be partly allowed. Accordingly, the present civil revision petition filed by the defendants is partly allowed and the order dated 26.07.2024 passed by the appellate Court is modified to the extent that [2025:RJ-JP:19915] (4 of 4) [CR-322/2024] defendants shall pay interim rent of Rs. 25,000/- of the rented premises from the date of the trial court's order i.e. 24.01.2024. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Tahir/95