PIT RAM SINGH Vs. VIMLA DEVI

JUDGEMENT

(1.) This First Appeal under S. 96 of the Code of Civil Procedure has been preferred by the tenant against the judgment and decree of the trial court decreeing the suit for eviction, arrears of rent and directing the appellant to hand over the possession of the shop in question to the plaintiff-respondent.

(2.) The appellant - Pit Ram Singh was the tenant of the shop in dispute belonging to Smt. Vimla Devi - respondent. She filed a suit on the following three grounds :- p 1. that the tenant was in default of rent for a period of more than six months; 2. that he had sub-let the tenament to Jai Narain Chaudhary and 3. that the shop in question lay unused for more than 10 months when the suit was filed. On the aforesaid three grounds, trial court framed three issues. Issue No.1, on which the suit was decreed, was whether the defendant had not paid rent for the period from 11-9-198 2/07/1985. The second and third issues were to the effect as to whether the defendant had stopped business by subletting the shop. Second and third issues were decided against the plaintiff whereas issue No.1 was decided in her favour.

(3.) On filing the suit, an application under Section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the 'Act') was filed by the plaintiff-respondent for payment of rent for the period involved in the suit together with interest. The rent was determined at the rate of Rs. 150 per month by the trial court for the period from Sept. 11, 1982 to Sept. 10, 1985 amounting to Rs. 9,000/along with interest at the rate of 6 per cent. per annum. Under Section 13(4), the appellant could deposit in court the amount determined by the court under Section 13(3) within 15 days from the date of such determination. The tenant, however, did not comply with the said requirement. Upon the tenant's failing to deposit the rent referred to in sub-section (4) of Section 13, the consequence mentioned in S. 13(5) is as under :-