ACHAL CHAND Vs. HUKAM KANWAR

JUDGEMENT

(1.) THE respondents have sot a property in Katla Bazar. Jodhpur. That was rented out in different portions by means of three rent-notes. Shri Achal Chand since deceased and now represented by petitioners No. 1/1 to 1/7 in both the writ petitions, was tenant in respect of two rent-notes, whereas the third rent-note was in the name of Firm P. M. Bhandari through Manager Kesarimal. Shri Punwanchand bhandari son of Achal Chand is the present tenant in respect of that property. One of the rent-notes executed by Achal Chand is dated 3-5-1956. It relates to one shop and the rent fixed in it is Rs. 65/- per month. He executed it for carrying on his business in the name of Achal Ayurved Sewashram in it. The other rent-note executed by Achal Chand is dated 5-5-1956. It is in respect of some rooms on the first and second floors of the property. The rent fixed in it is Rs. 30/- per month. The third rent-note is dated 8-5-1956. It is in respect of one shop and the rent fixed is Rs. 65/- per month. The plaintiffs filed one suit for ejectment against both the tenants i. e. in respect of whole of the property on the ground of personal necessity. The suit was decreed by the trial Court on 31-7-1969 and the first appeal filed by the defendants was dismissed on 18-5-1970. They preferred second appeal to this Court, which was decided on 18-3-1971. In this Court the decree in respect of the rent-note dated 3-5-1956 (Ex. 3) i. e. executed by Achal chand regarding one shop was affirmed, but it was set aside in respect of the other two rent-notes.

(2.) DURING the pendency of that suit in the trial Court i. e. before it was decided by the trial Court, the plaintiffs on 21-12-1968 filed two suits for arrears of rent and ejectment -- the first was against Achal Chand in respect of two rent-notes executed by him on 3-5-1956 and the other on 5-5-1956. The amount of arrears of rent/mesne profits claimed in the suit was Rs. 2363/ -. The second suit was filed against Punwan Chand Bhandari and Achal Chand in respect of the rent-note executed on 8-5-1956 regarding one shop. The amount of arrears of rent/mesne profits claimed in the suit was Rs. 1620/ -. It might be stated here that in both the suits arrears of rent/ mesne profits were claimed from 23-11-1966 to the date of the filing of the suit. On the first date of hearing, which was 10-2-1969, the defendants filed in both the suits applications purporting to be under Section 13 Sub-section (4) of the rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act' ). In the suit filed against Achal Chand only it was stated in the application that the defendant was ready and willing to pay the rent from 23-111966 to the end of February. 1969, which amounted to Rs. 2591/- and interest on that amount, which according to the defendant was Rs. 155/-, in all Rs. 2746/ -. Similarly in the other suit the defendants showed their willingness to pay the arrears of rent as Rs. 1711/-, interest Rs. 96/ -. in all Rs. 1807/ -. It was further contended in the applications that rent was sent by Money Order, but it was not accepted by the plaintiffs and as such it was prayed that the amount of rent and interest payable to the plaintiffs may be determined and two months' time may be given for the deposit of the amount. The plaintiffs did not file any reply of these applications, but were prepared for arguing the same. On 6-3-1969 the defendants were asked to deposit the amount of the arrears of rent and interest by 7-4-1969 according to law. No specific amount was, however, mentioned by the trial Court.

(3.) ON 12-4-1969 applications in both the suits were filed by the plaintiffs under section 13 (6) of 'the Act' alleging that rent from 3-4-1966 was due from the defendants and that was not deposited and the amount of rent and interest deposited by the defendants as due from 23-11-1966 was also not full. It was, therefore, prayed that the defence against eviction be struck out.