SURAJ NARAIN Vs. LAXMI DEVI

JUDGEMENT

(1.) This is a defendants' second appeal in an ejectment suit, which has been decreed by both the courts on the ground of default. The Addl. District Judge (7), Jaipur City, in Civil Appeal No. 83/80 decided on 16-3-81 has upheld the judgment and decree passed by the Addl. Munsif (2), Jaipur City on 21-5-80 in Civil Suit No. 276/80.

(2.) The plaintiffs filed a suit on 7-4-77 under Section 13 of the Rajasthan premises (Control of Rent and Eviction) Act (hereinafter referred to as the Act) alleging that the defendant-tenant has not paid the rent from 1-9-76 to 31-3 77. On 14-11-77 the Court determined the rent under Section 13 (3) of the Act for a period from 1-9-76 to 31-10-77, and directed the tenant to pay this amount by 29-11-77. Instead of making payment, the tenant applied for extension of period. Extension was granted up to 30-1-78.

(3.) On 30-1-78, the tenant paid the rent as determined. He also paid the rent of November and December, 1977 on this date. According to law, after the rent is determined, the monthly rent during the pendency of the suit should be paid by 15th of the next month. This having not been done, the tenant committed default in payment of rent for November and December, 1977. Consequently, the defence was struck off and the suit was decreed.