SIKHAR CHAND Vs. SANTI KUMAR

JUDGEMENT

(1.) THIS second appeal instituted by the defendant arises out of a suit for eviction from the premises situated a Chowkri Modi Khana Jaipur. The plaintiffs sought for the decree of eviction on the ground of default in making payment of rent. Out of six issues that were framed by the learned trial court issue No. 1 as regards default in payment was the core issue. Both the parties adduced evidence and the learned trial court decree the suit on the ground of default under Sec. 13 (1) (a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short 1950 Act) vide judgment and decree dated January 29, 1991. After unsuccessful first appeal the defendant preferred the instant second appeal.

(2.) THIS court while admitting the appeal on October 10, 1991 framed following substantial questions of law : i) Whether the courts below were justified in holding that the decree for eviction can be passed under Sec. 13 (1) (a) of Rajasthan Rent Control Act even if the defendant has not committed wilful default? ii) Whether in view of the Order dated 15. 5. 85 passed by the learned trial court that no rent was outstanding upto that date and subsequently the rent has been paid by the defendant in time, the judgment and decree passed by the courts below is sustainable?

(3.) ADMITTEDLY the statement of plaintiff was not recorded by the learned trial court. Vidya Vinod Kala, PW. 1, in his deposition stated that he was the power of attor- ney holder of plaintiff Shanti Kumar and he had authority to institute the suit. He further deposed that the defendant only paid the rent upto June 1984 and thereafter no payment was made by him and committed second default in making payment of rent.