JAMNA LAL Vs. KANHAIYA LAL

JUDGEMENT

(1.) THIS petition has been filed by the plaintiff against the order dated 13 -1 -1982 of the Civil Judge, Pali, whereby he condoned the delay in depositing the amount of interest and further set aside the order passed on the applications dated 16 -2 -1979 and 19 -2 -1979 presented by the defendant. As a consequence of condonation of delay and reversal of the order passed on the above applications, the order dated 16 -2 -1979 striking out the defence of the defendant, was also set aside.

(2.) THE facts giving rise to the present revision petition may, briefly, be stated. The plaintiff Jamnalal instituted a suit for arrears of rent and ejectment on the ground of default. On 13 -12 -l978 the court. determined the provisional rent as well as interest. The provisional rent was determined to the tune of Rs. 357/ - and the interest was determined as Rs. 16.07 and the Court directed the defendant to deposit the total amount of Rs. 373.07 by 31 -1 -1979. The amount of rent to the tune of Rs. 357/ - was deposited by the tenant in court on the same date, that is, on 13 -12 -1978 but he failed to deposit the amount of interest upto 31 -1 -1979, as ordered by the Court. Instead he moved an application on 16 -2 -1979, in which he staled that he had deposited the amount of interest on 9 -2 -1979, but the plaintiff may be directed to give the account as to how this amount of interest has been arrived and till then the payment of interest may not be made to the plaintiff. He further submitted another application on 19 -2 -1979, in which he reiterated that the plaintiff is not entitled to the amount of interest and that amount of interest has been deposited by him on 9 -2 -1979 and the plaintiff may further be directed to submit reply to his application dated 16 -2 -79 and he prayed that proper orders may be passed. It may also be mentioned that the defendant was unrepresented before the trial court. On 16 -2 -1973 an application was also moved by the plaintiff for striking out the defence against eviction. On 16 -2 -1979, earlier the defendant absented, so exparte proceedings were drawn against him, but when he appeared, on his application order drawing ex parte proceedings was set aside and the court disposed of the plaintiff's application and the defendant's defence against eviction was struck off. It was recorded in the order dated 16 -2 -197 that the defendant has moved an application in reply to the plaintiff's application dated 16 -1 -1997 and in the reply he has stated that the total amount has been deposited. Despite, treating the defendant's application to be a reply to the plaintiff's application the trial court heard the arguments on the defendant's applications dated 16 -2 -1979 & 19 -2 -1979 & rejected the same by the order dated 28 -8 -1981. The defendant went in appeal. The learned Civil Judge heard the appeal, allowed the same and passed the order, as stated above. Dis -satisfied with that order, the present revision petition has been filed by the plaintiff.

(3.) IN this revision petition an application has been moved on behalf of the defendant for extension of time with regard to deposit of the amount of interest. The defendant sought extension upto 9 -2 -1979 under Sec. 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as "the Act"). It was stated in the application that the defendant Kanhaiya Lal was unrepresented in the trial court and further that he was not aware of the consequence of non -deposit of interest in time and he further wanted to get the clarification of the interest, so a bonafide mistake was committed by him, and, as such nine day's time may be extended Reply to this application was filed by the plaintiff -petitioner.