RAMESH KUMAR Vs. JOGENDERPAL SINGH

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the learned Additional District Judge No. 2, Sir Ganganagar dated August 28,1990 by which he has dismissed the appeal and confirmed the order of the dismissed the appeal and confirmed the order of the learned Additional Civil Judge, Sri Ganganagar dated November 24,1989, striking out the defence of the defendant-petitioner. The facts of the case giving rise to this revision petition may summarised thus.

(2.) THE planitiff-non-petitioner has filed a suit for recovery of arrears of rent and ejectment on the grounds of default in payment of rent and necessity with the allegations, in short that the defendant-petitioner is in occupation and possession of the suit shop on monthly rent of Rs. 200/-, he has committed default in payment of rent and suit premises is reasonably and bona fide, required by him. THE trial court determined the amount of arrears of rent and interest at Rs. 6,665/- by its order dated June ,1,1988 and directed the defendant to pay the same within 15 days. It also directed that Rs. 200/- will also be deposited every month regularly. On December 20, 1988, the plaintiff-non- petitioner moved an application under Section 13 (5), Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter to be called 'the Act') for striking out the defence on the ground that the determined amount has not been deposited so far and monthly amount of Rs. 200/- is also not being deposited every moth. On August 25, 1989,the defendant petitioner moved an application for condoning the delay occurred in depositing the said amounts. He also stated in it that he was ready to pay the same within three days. However, the determined amount was deposited on November 17,1989. After hearing the parties, the learned trial court allowed the application of the plaintiff-non- petitioner dated December 20,1988 and struck out the defence by its order dated November 24, 1989. An appeal was filed against it and it was dismissed by the learned Additional District Judge No. 2, Sri Ganganagar by his order dated August 28,1990.

(3.) CONSEQUENTLY, the revision petition is dismissed. No order as to costs. .