DR. JAGJIT SINGH BEDI Vs. SHRIMATI JAS RANI

JUDGEMENT

(1.) THE petitioner Dr. Jagjit Singh is a tenant of the suit premises, according to him from 1st of July 1957, but according to the owner with effect from 1st of May 1957 at a monthly rent of Rs. 125/ - per mensem. The date of commencement of this tenancy is not relevant for the purpose of this petition. A few months after his occupation the tenant moved an application for fixation of standard rent on 21st of October 1957. The owner of the premises retaliated by filing a suit on 30th October 1958 for eviction on ground of non -payment of rent. While the ejectment suit was pending, an application was moved by the owner under sub -section (5) of section 13 of the Delhi and Ajmer Rent Control Act, 1952, asking the Court to call upon the tenant to make a deposit of the arrears of rent. By order of the 28th of August 1958; the petitioner -tenant was directed to deposit "the arrears of rent and future rent at the agreed rate in accordance with the time allowed by law." Having failed to make this deposit, a farther application was made to the Court that the defence against the ejectment suit should be struck out. The Subordinate Judge Mr. S.S. Kalha acceded to this request and the order passed by him has been affirmed in the tenant's appeal by learned District Judge. The tenant has now moved this petition for revision before this Court.

(2.) SUB -section (5) of section 13 of the Delhi and Ajmer Rent Control Act, 1952, provides that "if the tenant contests the suit as regards the claim for ejectment, the plaintiff landlord may make an application at any stage of the suit for an order, on the tenant defendant to deposit month by month rent at a rate at which it was last paid and also the arrears of rent, if any, and the court, after giving an opportunity to the parties to be heard, may make an order for the deposit of rent at such rate month by month as it thinks fit and the arrears of rent, if any, and on the failure of the tenant to deposit the arrears of rent within fifteen days of the date of the order or to deposit the rent at such rate for any month by the 15th of the next following month, the court shall order the defence against ejectment to be struck out..........." Before examining the contention of the learned counsel for the petitioner, it may be observed that the standard rent came to be fixed at Rs. 57/ - per mensem on 24th of September 1960. The standard rent fixed at Rs. 57/ - per mensem was to be operative from 21st of October, 1957, when the petitioner tenant filed his application for standardising the rent.

(3.) AS found by the trial Judge and affirmed in appeal by the learned District Judge, repeated defaults have been made in payments of arrears. The Courts below have enumerated as many as 13 such defaults. The defence of the tenant, in my opinion, was rightly struck off on the ground of his intransigence and I see no reason to come to a conclusion at variance with the Courts below. The petition fails and is dismissed. I would, however, make no order as to costs.