P C BHAGOTIYA Vs. GULKANDI DEVI

JUDGEMENT

(1.) THIS second appeal of the tenant (appellant) arises out of a suit filed by the landlord (respondent) which had been decreed by the trial court and that decree has been upheld by the lower appellate court.

(2.) THE question which arises for determination in this appeal is, as to whether the landlord is bound to file a second suit for eviction of the tenant on the ground of default, after the tenant has taken benefit of Section 13a of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, in an earlier suit filed by the landlord for eviction of the the tenant on the ground specified in section 13 (1) (a) of 1950 Act, or as to whether the ground of second default can be considered by court on the basis of amended plaint in which the plaintiff landlord has raised the plea of second default.

(3.) SHRI S. K. Keshote, learned counsel for the respondent, on the other hand, argued that once the tenant had made an application under section 13a (6) the Court has to pass an appropriate order for deposit of the arrears of rent together with interest and costs, no decree can be passed for eviction of the tenant, once the tenant takes deposit in pursuance of the order passed by the court. Once the tenant avails the benefit of Section 13a and prevents passing of a decree of eviction, he cannot claim benefit after committing second default. SHRI Keshote argued that the nature of the suit for eviction remains un altered even after amendment of the plaint and it was perfectly justified for the courts below to pass the decree of eviction on the ground of second default.