CHANDULAL Vs. GULAB

JUDGEMENT

(1.) This is a defendants revision application against an order of the District Judge, Alwar refusing to entertain an appeal against an order of the Civil Judge Alwar passed under sec. 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act 1950 striking off his defence.

(2.) Sitaram and Kanhaiyalal plaintiffs -respondents instituted a suit for recovery of arrears of rent and for ejectment against Chandu Lal defendant - applicant on 2.1.59. On an application of the plaintiffs the court passed an order under sec. 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act 1950 (hereinafter referred to as the Act) directing the defendant to deposit the monthly rent by the 15th of the next month. The plaintiffs filed another application alleging that a default was committed by the defendant in depositing the rent and praying that his defence in the suit may be struck off. This application was allowed by the learned Civil Judge on 8.3.61 and his defence was struck off. Against this order the defendant preferred an appeal to the District Judge under sec. 22 of the Act. The learned District Judge was of the opinion that no appeal lay against the order. He has mentioned in the judgment that the impugned order is not an order under the Rajasthan Premises (Control of Rent and Eviction) Act 1950, that it was an order of an interlocutory nature and that if it were to be held that an appeal lay against the order, an anomalous situation would arise inasmuch as it would be open to the defendant to challenge the same order again in an appeal against the decree which may be passed in the suit for ejectment.

(3.) I have heard the learned counsel for the parties and am satisfied that the decision of the learned District Judge is erroneous. There is no power in the court under the Code of Civil Procedure to direct the defendant to deposit rent in a suit for ejectment and for re very of arrears of rent or to strike out his defence on his failure to do so. This power only given to the court under sec. 13(5) of the Act. The order passed by the learned Civ Judge is therefore an order under this Act.