BALI Vs. RAJRANI

JUDGEMENT

(1.) THIS is a defendant tenant's second appeal in a suit for arrears of rent and ejectment.

(2.) LEARNED counsel has raised two points in this appeal. The first is, that even though it is accepted that his client had failed to pay rent for a period of seven months on end as held by the courts below, she was not a defaulter within the meaning of the proviso to S. 13 (4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The second point is that the defendant was unable to pay rent to the plaintiff because during the period of seven months in question, there is evidence to show that she had left her usual place of residence, and, therefore, rent could not be paid to her.