FIRM SWAROOP SINGH SHERI SINGH Vs. MOHAN LAL

JUDGEMENT

(1.) IN this Second Appeal of the tenant, which arises out of a decree of eviction passed by the Trial Court and confirmed by the learned Appellate Court, the substantial question of law which arises for determination is as to whether the failure of the tenant to fulfil all the requirements specified in Section 1 (A c) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 makes the tenant liable to be evicted on the ground of default in payment of rent.

(2.) THE respondent instituted a suit against the appellants alleging that he had let out a shop & godown to the appellants on a monthly rent of Rs. 100/-A suit for rent and ejectment has been filed on 4-5-73. THE same was decided on 1-5-79. THE tenants were given the benefit of depositing the rent by them, after the first default. THE suit was dismissed by the court, after the deposit had been made.

(3.) AFTER having carefully gone through the judgments of the two courts below and after having looked into the principles enunciated in Manak Bai's case (supra), I am fully convinced that this appeal deserves to be allowed".