ASHOK KUMAR Vs. OM PRAKASH

JUDGEMENT

(1.) HEARD learned counsel for the parties at length. The landlord non-petitioner had filed a suit for eviction on the ground of default in payment of rent against the defendant-petitioner herein. The petitioner-defendant has come up by way of this revision petition against the order dated 22. 3. 2000 passed by learned Addl. District Judge No. 8, Jaipur City, Jaipur whereby the said Appellate Court confirmed the findings of the trial Court by its order dated 4. 9. 1999, striking out the petitioner's defence against his eviction. There was provisional determination of the rent by the trial Court as per the requirements of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950. The rent was determined as Rs. 225/-per month. The defendant had stated that though he had deposited the rent through tender No. 964 with the trial Court as on 25. 5. 1995 but on enquiry it was found that no such rent was found deposited under such number and the non-petitioner could not locate the particulars. An application for condonation of delay in deposit of said amount for the month of 11. 4. 95 to 10. 5. 95 was filed by the petitioner. Immediately on coming to know that the details of such deposited rent was not available to his landlord, the rent for the aforesaid period was deposited on 31. 5. 99 in the bank account of the respondent explaining cause for the delay. The said application was rejected by the trial Court and the Appellate Court confirmed the finding of the trial Court. During the course of hearing, the learned counsel for the petitioner states that as per the requirements of the Act he has duly complied with the order of the trial Court, making provisional determination of the rent except for the aforesaid period from April, 1995 to May, 1995.

(2.) THE pre-requisites which are essential in law as per the requirements of sub-Section (4) of Section 13 of the Act, 1950 are:- " THE tenant shall deposit in Court or pay to the landlord the amount determined by the Court under sub-Section (3) within fifteen days from the date of such determination, or within such further time, not exceeding three months, as may be extended by the Court. THE tenant shall also continue to deposit in Court or pay to the landlord, month by month the monthly rent subsequent to the period upto which determination has been made by the fifteenth of each succeeding month or within such further time not exceeding fifteen days, as may be extended by the Court, at the monthly rate at which the rent was determined by the Court under sub-Section (3)"

(3.) THE trial Court is directed to decide this matter expeditiously and in any case not later than four months on receipt of certified copy of this order.