SURAJ MAL Vs. GANGHIR MAL

JUDGEMENT

(1.) THE instant civil revision petition u/sec. 115 C. P. C. is directed against the order dated 29. 5. 2002 passed by the learned District Judge, Tonk in appeal No. 25/2001 under Section 22 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (here-in-after referred to in short `the Act') whereby the appeal has been dismissed and the order dated 28. 4. 2001 passed by learned Civil Judge (JD) Tonk on the applications u/sec. 13 (4) of the Act and u/sec. 5 of the Indian Limitation Act have been rejected and the defence of petitioner- defendant has been struck out.

(2.) THE relevant facts, in short are that non-petitioner- plaintiff instituted a suit on 28. 8. 1996 in the trial court for eviction on twin grounds of default and bonafide reasonable personal necessity. Petitioner-defendant contested the suit by filing written statement and denying the averments made in the plaint. As the suit was also filed on the ground of default u/sec. 13 (1) (a) of the Act, the trial Court determined the provisional rent on 10. 2. 1999. But, petitioner defendant failed to deposit the provisional rent within the period allowed by the Court. He then moved an application u/sec. 151 CPC r/w Section 13 (4) of the Act and also moved an application u/sec. 5 of the Indian Limitation Act for condoning the delay in making the payment of provisional rent which was after hearing the parties disallowed and the defence of defendant against eviction was also struck out vide order dated 28. 4. 2001. THE appeal filed against the said order was also dismissed vide impugned order and the order of the trial Court was affirmed. Hence, this revision.