A perusal of the aforesaid order would show that except the affidavits filed on behalf of the parties, no other material/document has been produced before the Court, on the basis of which the market rent in the vicinity of the demised premises could have been ascertained. In his affidavit, the tenant has asserted that the market rent in the area cannot be more than Rs.2500/- per month. To support this assertion, the tenant in his affidavit has referred to certain rate of rents being paid by other shopkeepers. However, no documentary evidence has been placed before this Court. Similarly, the assertion of the landlord that market rent in the vicinity of the demised shop @ Rs.17,250/- P.M is also without any basis, as the rent as claimed by him on the basis that some Bank has taken a building nearby at the aforesaid rate is not acceptable because the rate of rent allegedly given by the Bank cannot be made the basis as in the case of an individual as admittedly, the landlord of the said building has constructed the bank building as per the specifications required by the said Bank.
