GORDHAN DASS Vs. RAM JANKI

JUDGEMENT

(1.) THIS is a tenant's revision preferred against the judgment and order passed by the Munsif Ajmer City (West) Ajmer, rejecting his application dated 15 -4 -1989 for recalling the order dated 15 -10 -1985 whereby the defence of the Defendant -Petitioner was struck off.

(2.) THE plaintiff -respondent filed a suit for eviction against the petitioner on the ground of default wherein provisional determination -of rent was made on 19 -3 -1984. The defendant -petitioner did not deposit the rent within the stipulated time prescribed by Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act'). Thereupon, the plaintiff respondent moved an application Under Section 13(5) of the Act. The rent was not deposited and consequently, defence was struck off on 15 -10 -1985. The order striking out the defence became final.

(3.) THE Court below rejected the application upholding the plea taken in the objection dated 7 -7 -1989 by the respondent. In this objection, the respondent has alleged that the ground for recalling the order was false, manufactured and afterthought. The court below held that there was no evidence on record that Jai Kishan was the servant of the petitioner and that he was not entitled to get the order dated 15 -10 -85 recalled.