Krishna 28 March 2023

Which rent is considered by court

I have filed a case on tenant to increase the rent from Rs 600 to Rs 3500 under Rajasthan Premises (Control of Rent and Eviction) Act, 1950. Court has given the judgement that rent has to be increased to Rs 3000 under old Act and this judgement has attained finality. After i have filed a another case on the tenant under section 6 of the rajasthan rent control act 2001. i have demanded 5 percent increment on rent of Rs 3000 which is decided by the court. Now during arguments court has which rent to be considered while increasing the rent RS 600 or Rs 3000(which is decided by the court under Old Act). Can you provide me some judgement on this issue which rent is to be considered while deciding the suit

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T. Kalaiselvan, Advocate (Advocate) 28 March 2023

First of all it is not known whether you had filed an appeal against the previous, if so then the judgment passed in appeal in your favor will prevail.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 29 March 2023

As per court judgement rent has to follow. 7. Revision of rent in respect of new tenancies.- (1) In the absence of any agreement to the contrary, the rent of the premises let out after the commencement of this Act shall be liable to be increased at the rate of 5 % per annum and the amount of increase of rent shall be merged in such rent after ten years. Such rent shall further be liable to be increased at the similar rate.