UMA GUPTA Vs. RAMESH CHANDRA

JUDGEMENT

(1.) AN important question of law involved in this revision petition is as to whether in a suit filed only for eviction under Sec. 13 (l) (a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act') the Court is required to determine the rent and interest under Section 13 (3) of the Act ?

(2.) THE petitioner purchased the suit property from the previous owner Smt. Kastoori Bai wife of B. L. Sharma under a registered sale-deed dt. the 26th September, 1977. Prior to the purchase, in the suit property the non-petitioner was a tenant allegedly on a monthly rent of Rs. 100/ -. After the purchase of the property the petitioner filed a suit only on the ground of default under Section 13 (!) (a) of the Act that the non-petitioner has neither paid nor tendered the rent due for six months. THE learned trial Court by its order dated the 20th March 1979 determined the rent and interest amounting to Rs. 4914/- and directed the non-petitioner to pay to the land lord or deposit this amount in the Court within a period of one month. It also directed that the monthly rent to fall due shall also be paid by the non-petitioner to the petitioner by 15th of succeeding month. THE non petitioner filed an appeal before the learned District Judge, who accepted the same and set aside the order of the learned Munsiff passed under Sub-sec. (6) of Sec. 13 of the Act, and directed him to provisionally determine the rent under Sub-sec. (3) of Sec. 13 as per directions contained in his order.