MARTIN AND HARRIS PVT LTD Vs. PREMCHAND

JUDGEMENT

(1.) THIS is a defendant's revision application and arises out of an order of the Munsif, Jaipur West dated 22-8-72 striking out the defence of the defendant in a suit for eviction from certain premises.

(2.) THE suit premises are a portion of a house known as Khinduka Bhawan which comprised of two portions on the ground floor. One portion was taken by the defendant-appellant on monthly rent of Rs. 200/- by a registered lease deed dated 1-8-63. Subsequently on 1-6-66 the other portion was taken on rent by the defendant at Rs. 130 per month. This was exclusive of house tax, water and electricity charges. THE plaintiff filed a suit for arrears of rent and eviction in respect of the portion taken on rent on 1-8-63 in the court of the learned Munsif on 26-5-71. Subsequently on 6-7-72 the present suit was filed for the second portion. It was averred that the defendant had paid the rent upto 31-7-69, but had thereafter made an application under sec. 19a of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, hereinafter to be referred as the "act", with a view to harassing the landlord and then started depositing the rent in court. THE plaintiff gave a notice to the defendant on 11-3-72 determining the tenancy from 31-3-72. THE plaintiff, inter alia, averred that the rent for the period from 1-8-71 to 31-3-72 was in arrears.

(3.) FROM the above passage it will be clear that the learned Munsif thought that since the deposit of the rent in respect of the portion which was the subject matter of the present suit being made in the earlier suit was of no consequence and therefore the defence was to be struck out and for this the learned Munsif relied on A. I. R. 1965 S. C. 1910.