MOTILAL Vs. NATHMAL

JUDGEMENT

(1.) This is a defendant's revision petition against the appellate order of the Addl. District Judge, dated 16.8.1980, whereby the order of the Munsif, Nagaur striking out the defendence of defendant dated 9.5.1979, was upheld.

(2.) The case has a some what chequered history. The plaintiff Nathmal instituted a suit for arrears of rent and ejectment of the shop in qauestion on 14.7.1973 inter-alia, on the ground of default. The plaintiff claimed arrears of rent to the tune of Rs. 604/- and it was averred that the defendant is a tenant w.e.f. 9.4.1970 at the rate of Rs. 40/- p.m. and the tenancy was oral.

(3.) The defendant Motilal submitted an application under Section 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter called the Act) on 13.8.1975. In this application, he disputed the amount of the rent due and stated that the rent upto 6.2.1975 has already been paid and rent from 7.2.1975 to 6.8.1975 of six months amounting to Rs. 240/- and interest thereon amounting to Rs. 42/- and a sum more than the total thereof i.e., to the tune of Rs. 300/- are being deposited. It was prayed that the Court may determine the amount of rent due and interest thereon. The defendant also attached a schedule to the application showing the payment of rent on different dated upto 6.2.1975.