LADU RAM Vs. GANESH LAL

JUDGEMENT

(1.) The appellant herein is the landlord who brought a suit for ejectment against the respondent-tenant on the ground of bona fide need and default in making payment of rent. It is not disputed that the appellant in the suit did not seek any relief in respect of recovery of arrears of rent. In the plaint it was alleged that the rent was due against the tenant since December, 1993. The trial Court determined the provisional rent as required under sub-section (3) of Section 13 of Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act') which the respondent-tenant was required to deposit or pay the rent from December 1993 to January 1996 - amounting to Rs. 69,920/-, plus interest @ 6 per cent to the landlord. The respondent-tenant challenged the order passed by the trial Court before the lower appellate Court but the same was dismissed. Aggrieved, the tenant filed a revision petition before the High Court of Judicature of Rajasthan at Jaipur. The High Court took the view that, in the absence of relief in the suit for recovery of arrears of rent, the trial Court could not have determined the provisional rent to be deposited by the tenant under Section 13 (3) of the Act. Consequently, the revision was allowed and the order of the Court below was set aside. Against this order of the High Court the landlord is in appeal before us.

(2.) It is urged on behalf of the appellant's counsel that the view taken by the High Court that, as the averments of default was not substantiated by the landlord by asking the relief of recovery of arrears of rent in the plaint, the ground of default was not properly set forth in the suit, therefore, the Court was not required to determine the amount of rent, is patently erroneous. After we heard the matter, we found merit in the submission. In order to appreciate the arguments it is necessary to set out the relevant provisions of the Act.

(3.) The plaint of the suit filed by the appellant discloses that the suit was for ejectment of the respondent tenant on the ground of default in payment of rent. According to the scheme of the Act, in such a suit the Court is required to provisionally determine the amount of arrears of rent to be deposited in the Court or pay to the landlord by the tenant along with interest. After the provisional determination of the arrears of rent by the trial Court, the tenant is required to deposit the entire arrears of rent as determined by the trial Court within a particular period of time, and further the tenant is required to deposit in the Court or pay to the landlord monthly rent subsequent to the period up to which the determination has been made. In case the tenant fails to comply with the order of the Court, his defence against the eviction is liable to be struck off and the Court is to proceed with the hearing of the suit. If the tenant complies with the order, the tenant is relieved of the decree for eviction on the ground of default in payment of rent.