PARTAPCHAND Vs. RAM SWAROOP

JUDGEMENT

(1.) THIS is a revision applica-tion by Partapehand, tenant of a house, owned by the respondents, against an appellate order of the Senior Civil Judge No. 2. Jaipur city, confirming an order of Munsif East. Jaipur City, on an application under section 19-A of the Raiasthan Premises (Control of Rent and Eviction) Act, 1950. The rent of the house is Rs. 60/- per month. The respondents filed a suit for recovery of arrears of rent and for ejectment on the ground of default, which was dismissed on 25-2-1966 after the applicant had made deposit under Section 13-A up to 31-12-1965.

(2.) THE applicant sent rent for January and February 1966 by money order to the respondents, but they did not accept it. On 6-5-1966 he filed an application under section 19-A (3) for depositing the rent for the months of January, February. March and April 1966. This rent was deposited on 8-6-1966 on the orders of the court. Notice was issued to the respondents who filed a reply on 3-10-1966 that the deposit was not made within fifteen days of the expiry of each month and was. therefore, invalid. The trial Court accepted this contention and rejected the application. This order was confirmed by the appellate Court Sections 19-A to 19-D run as follows :-

(3.) I accordingly allow the revision application and set aside the orders of the courts below rejecting the application. The rent deposited by the applicant shall remain in deposit till it is withdrawn by the landlord or is forfeited to Government by an order of the Court on the expiration of three years factm the date of posting of the notice-of deposit.