RATAN LALL SINGH Vs. MESSRS HIND ESTATE LTD

JUDGEMENT

(1.) This Rule arises out of a proceeding under Section 14(4) of the Rent Control Act of 1950. The learned Munsif made an order for certain deposits under that section, after giving the Defendant credit in respect of a sum of Rs. 3,000, alleged to have been paid by him to the Plaintiff on the rent account. There was non-compliance with the above order under Section 14(4) at some later stages. The result was that the written statement of the Defendant was struck out. Thereafter, the Defendant moved this Court and obtained the present Rule.

(2.) On behalf of the Defendant Petitioner, it has been urged before me that no order under Section 14(4) ought to have been made against the Defendant in the circumstances of the present case. It appears that, according to the Defendant, there was a sum of Rs. 3,000 deposited with the Plaintiff on rent account which, if taken into consideration, would show that there was no default in the payment of rent, as alleged in the plaint, and, accordingly, the Plaintiff would not be entitled to any decree for ejectment in the present suit. If the Defendant's above allegation of fact be correct, possibly the Plaintiff's suit would fail. In other words the Defendant may ultimately succeed in the suit on the strength of the above allegation. I am, however, expressing no final opinion on this point and no observation in this judgment will prejudice either party at the final hearing of the suit.

(3.) In the proceeding under Section 14(4), the learned Munsif appears to have prima facie accepted this story of deposit of Rs. 3,000 by the Defendant with the Plaintiff on rent account. In any event, this story has not been disbelieved and rejected. In the circumstances of this case, it seems to me that the fate of the Plaintiff's present suit may well depend upon the truth or otherwise of this allegation of the Defendant about the deposit of Rs. 3,000 and that allegation appears to have been prima facie established. This is, accordingly, a case where no order should be passed under Section 14(4) in favour of the Plaintiff.