JAGDISH THAKUR Vs. MANOJ SHARMA

JUDGEMENT

(1.) THE appellant-herein was the defendant in a suit for eviction against whom the decree has been passed.

(2.) THE plaintiff-respondent had filed the suit for eviction against the defendant-appellant u/sec. 13 (1) (f) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (for short, the Act of 1950') which lays down that the tenant is entitled to be evicted from the rented premises, if he is guilty of mis- representation in any manner denying the title of his landlord. THE specific provision to that effect is reproduced as follows:- "13. Eviction of tenants. @1) Notwithstanding anything contained in any law or contract, no Court shall pass any decree, or make any order, in favour of a landlord whether in execution of a decree or otherwise, evicting the tenant (XXX) so long as he is ready and willing to pay rent therefor to the full extent allowable by this Act, unless it is satisfied - (a) (b) (c) (d) (e) "13 (1) (f) that the tenant has renounced his character as such or denied the title of the landlord and the latter has not waived his right or condoned the conduct of the tenant; or'