FIRM GAURAV VIDEO LIBRARY Vs. PREM KUMAR GUPTA

JUDGEMENT

(1.) THIS appeal is directed against the order dated January 3, 1992, passed by the Additional District Judge No. 2, Sri Ganganagar, by which the learned Additional District Judge allowed the application dated September 4, 1991, filed by the plaintiff' and ordered for the striking of the defence under Section 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act (for short, 'the Act').

(2.) PLAINTIFF Prem Kumar filed a suit for eviction and arrears of rent against the defendant in respect of the shop No. 7 situated in Patel Market, Sri Ganganagar. The learned trial Court, by its order dated May 9, 1991, determined the provisional rent and directed the defendant -tenant to pay an amount of Rs. 16,800/ - as arrears of rent for a period from 22.7.89 to 21.4.91, alongwlth interest @ 6% per annum amounting to Rs. 840/ -. The defendant deposited the provisional rent determined by the trial Court but did not deposit the monthly rent by 15th of each subsequent month. The amount of rent for the period from 22.4.91 to 21.5.91 was deposited on 10.6.91 and for the period from 22.5.91 to 21.6.91 was deposited on 13.7.91. As the rent was not deposited by 15th of these two subsequent months and, therefore, an application under Section 13(5) of the Act was moved by the plaintiff for striking out of the defence of the defendant. This application was opposed by the defendant. The learned trial Court, by his order dated 3.1.92, allowed the application filed by the plaintiff and struck out the defence under Section 13(5) of the Act. It is against this order that the present appeal has been filed by the defendant -appellants.

(3.) I have considered the rival submissions made by the learned Counsel for the parties.