(1.) THIS revision petition has been filed against the order dated 21-8-1998 passed by the first appellate Court by which the order of the trial Court dated 10-9-1996 striking off the defence of the defendant-non- petitioner by virtue of the provisions under Section 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short 'the Act') has been reversed.
(2.) THE facts and circumstances giving rise to this case are that the plaintiff-petitioner filed a suit for eviction from the suit premises against the defendant-non-petitioner on various grounds including the default in making the payment of rent. The interim rent under Section 13(3) of the Act was determined by the learned trial Court vide order dated 2-11-1995. The defendant-non-petitioner was under an obligation to deposit the arrears and pay the rent monthly. The arrears were paid. However, the rent of December, 1995 was to be paid by 15-1-1996 which was paid by a delay of one day i.e. on 16-1-1996. Subsequently, the rent of February, 1996, which was to be deposited by 15-3-1996 was deposited on 20-3-1996 and there was a delay of five days in depositing the rent. The plaintiff-petitioner filed an application under Section 13(5) of the Act in later part of April, 1996 contending that as the tenant had not deposited the rent as per the requirement of law, by virtue of the provisions under Section 13(5) of the Act, his defence is to be struck off. The learned trial Court, allowed the application vide order dated 10-9- 1996. Being aggrieved and dissatisfied, the appeal was preferred which has been allowed vide impugned order dated 21-8-1998. Hence, this revision petition.
(3.) SHRI G.R. Goyal, learned counsel appearing for the non-petitioner has submitted that delay was not intentional and it had occurred because of mistake as defendant-non-petitioner had gone out of station and he asked for apology. As the plaintiff-petitioner has withdrawn the rent deposited by the tenant, there was no cause of action surviving on the date of application and hence the revision is liable to be rejected.
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