RANG LAL Vs. BALWANT SINGH

JUDGEMENT

(1.) THIS revision is directed against the order of learned District Judge, Udaipur dated 28. 11. 91 whereby he has affirmed the order of learned Civil Judge, Udaipur dt. 24. 11. 1988 passed in civil suit no 165/77, by which defence of the petitioner against eviction was struck out.

(2.) THE brief facts of the case are that the plaintiff-non- petitioner filed a suit for ejectment against the petitioner from the suit shop on the ground of default. THE suit was contested by the petitioner. THE rent was determined u/s. 13 (3) of the Rajasthan Premises (Control of Rent & Eviction) Act on 16. 4. 83. THE plaintiff-non petitioner moved an application on 25. 5. 1988 stating that as the defendant has not deposited any rent after the determination of provisional rent from July, 1987 to May, 1988 and his defence against eviction may be struck out. THE defendant has admitted the fact in reply stating that he has deposited rent on 3. 6. 1988 and moved an application u/s. 5 of the Limitation Act, on 14. 7. 88 for condoning the delay in not depositing the rent month wise. THE learned trial court after considering the same found that grounds taken by the defendant are not sufficient to condone the delay and dismissed the application on 24. 11. 88. THE defendant preferred an appeal against that order but the same was dismissed on 28. 11. 91. Hence, this revision.

(3.) IN the result, this revision has no force, so it is hereby dismissed. .