SHISHU PAL SINGH Vs. OSWAL SINGH SABHA

JUDGEMENT

(1.) The case is listed in the 'orders' category, however, with the consent of learned counsel for the parties, the matter is heard and decided finally at this stage.

(2.) Briefly stated the facts arising in the present case are that a suit was filed by the respondent-plaintiff before the Additional Civil Judge (Jr. Division) and Judicial Magistrate I Class No. 8, Jodhpur (hereinafter referred to as "the trial court") against the petitioners-defendants for eviction from the suit property. The petitioner is a tenant of the respondent since 1966, who is sought to be evicted. During the pendency of the suit, on 15/5/2000, the rent of the suit premises was determined provisionally and the respondent-plaintiff was directed to supply details of the Bank Accounts so that the petitioners-defendants may deposit the rent in the said account. Since the particulars of the bank accounts were not supplied by the respondent-plaintiff, the petitioners-defendants paid the rent due on each month to the counsel for the respondent-plaintiff till 30/4/2007. In the month of May, 2007, the counsel for the respondent-plaintiff refused to accept the rent from the petitioners-defendants, therefore, the petitioners gave a notice dtd. 8/5/2007 to the respondent-plaintiff for supplying the details of the bank account so that the rent due may be deposited. The said notice was not responded and replied to by the respondent-plaintiff.

(3.) Once again, on 5/6/2007, another notice was given by the petitioners-defendants with the same request i.e. to supply the account details for deposition of the rent due. The same was also not responded or replied to. The petitioners-defendants, thereafter, sent Money Order of Rs.60.00 of the rent due from 1/5/2007 to 31/4/2008 (sic) but the same too was refused and returned by the respondent-plaintiff. The petitioners-defendants again sent a Money Order for the period commencing from 1/5/2008 to 30/4/2009 but the same was also refused and returned by the respondent-plaintiff. In these circumstances, when the respondent-plaintiff did not accept the rent due, an application for deposition of rent was made before the trial court on 14/12/2007.