CHAUTHMAL SAINI Vs. ADDI DISTRICT

JUDGEMENT

(1.) THE present petition is directed against the order dated 23.10.08 passed by the learned Addl. District & Sessions Judge,(Fast Tract) No.2, Sikar Camp Srimadhopur (hereinafter referred to as 'the appellate court') in Civil Misc. Appeal No. 24/04, whereby the appellate court has set aside the order dated 30.9.04 passed by the learned Civil Judge (Sr. Div.) Srimadhopur (hereinafter referred to as 'the trial court') in Civil Suit No. 7/02.

(2.) THE short facts giving rise to the present petition are that the respondent No.2 (original plaintiff) has filed the suit being No. 7/02 before the trial court seeking eviction of the petitioner-defendant from the suit premises and for recovery of the arrears of rent. In the said suit the trial court had decided the provisional rent of the rented shop at Rs. 825/- per month and had directed the petitioner to deposit the arrears of rent for the period from 1.1.99 to 31.10.03 giving 15 days time from the date of order and to pay the future rent on 10th of every month, vide the order dated1.11.03. Since the petitioner was unable to deposit the said arrears of rent as directed by the trial court within the time limit fixed by the court, the petitioner submitted an application seeking extension of time. THE trial court vide its order dated 11.11.03 allowed the said application granting extension of two months time to deposit the amount as ordered in the earlier order. THE petitioner thereafter deposited the amount of Rs. 39,501/-on 29.12.03, which amount included the arrears of rent for the period from 1.1.99 to 31.10.03 alongwith the amount of rent for the month November, 2003 and December, 2003. THE respondent-plaintiff thereafter submitted an application under Order 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the said Act') to strike off the defence of the defendant. THE said application came to be rejected by the trial court vide its order dated 30.9.04. Being aggrieved by the said order the respondent No.2 had preferred an appeal being No. 24/04 before the appellate court and the said appeal came to be allowed vide the impugned order dated 23.10.08. Being aggrieved by the said order passed by the appellate court, the petitioner-defendant has filed the present petition under Article 227 of the Constitution of India.