RAMJILAL Vs. CHANDRA BHAGA

JUDGEMENT

(1.) THIS is defendant's revision petition against the order of the learned Munsif and Judicial Magistrate No. 5 Jaipur City, Jaipur dated 6. 12. 1991 holding that the petitioner could not lead any evidence in view of the fact that his defence has been struck off.

(2.) THE suit of the non-petitioner for rent and eviction was contested by the petitioner by denying the fact that he took the premises on rent and executed a rent deed. THE grounds of eviction were non payment of rent and nuisance. THE trial court determined the rent payable by the tenant and fixed the time for depositing the same but the petitioner did not deposit the same. After the evidence of the plaintiff was closed, the defendant-petitioner wanted to lead evidence on the issue about execution of rent note, but the plaintiff objected and after hearing both the parties the learned Munsif relying upon Krishna Gopal Shanker Lal vs. Laxminarayan Tarachand and Ors. (1), Inderchand vs. Smt. Lilawati, (2) and Modula India vs. Kamakshya Singh Deo, (3) , held that where the defence has been struck off, the defendant was not entitled to lead any evidence.

(3.) UNDER Section 13 (5) of the Act, the defence of a tenant-defendant qua tenant alone can be struck off and the defendant cannot be deprived of contesting his plea that he is not a tenant. This situation has not been covered either by 1987 (1) RLR 244 (supra) and by 1990 (2) RLR 196 (supra ). Relying upon the Patna case and also the observations made in the Supreme Court decision of Smt. Bela Das (supra), I hold that the petitioner can not be deprived of the right to contest his plea that he is. not a tenant. Hence this revision petition is accepted and the order of the learned Munsif is set aside. The petitioner shall be allowed to contest the issues 1 and 4. A copy of the order be sent to the trial court. .