BRANDABAN DAS Vs. GULAB CHAND

JUDGEMENT

(1.) THIS is a revision application by the defendant against an appellate order of the district Judge, Jaipur City.

(2.) THE defendant is admittedly a tenant of the plaintiff with effect from 23-1-63 on a monthly rent of Rs. 75/ -. It is also not disputed that no rent was actually received by the plaintiff till the date on which he instituted the present suit for recovery of arrears of rent and for eviction on the ground of default.

(3.) THE case of the defendant is that although a registered lease deed was executed on 2-2-63 for a period of 11 years the plaintiff refused to accept the rent for the very first month and he sent it by money order which was refused. According to the defendant rent for future 3 months was also sent by money order every month, but these money orders were all refused. The defendant then sent a registered notice on the plaintiff that he was ready and willing to pay the rent in any form the plaintiff desired. After the amendment of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, the defendant deposited rent for 32 months amounting to Rs. 2,400/- on 21-9-65 under Section 19a which came into force with effect from 9th June, 1965. Notice was served by the Court of this deposit on the plaintiff, but he did not withdraw the amount. The defendant again sent rent by money order, but the plaintiff refused to accept it.