AKKHO Vs. M B AUGUSTUS

JUDGEMENT

(1.) THE plaintiff-respondent filed a suit on 28th June, 1976 for eviction of the premises leased to the defendant-appellant on two fold grounds of default in the payment of rent and, bonafide personal necessity as provided by clauses (a) and (h) of sub-section (1) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, hereinafter referred to as the Act.

(2.) THE suit was filed in the court of Munsif, Bharatpur. THE trial court framed the issues on 24th November, 1977 and passed an order on 7th January, 1978 directing the defendant to deposit the arrears of rent at the rate of Rs. 18/-per month and the total amount of arrears of rent was being Rs. 1020/-only. THE appeal filed against this order of 7th January, 1980, was dismissed on 11th January, 1979, On 5th February, 1980 an application was filed by the plaintiff under Section 13 (5) of the Act for striking out the defence of the defendant. THE trial court dismissed this application and the appeal was filed by the plaintiff and this appeal was allowed on 27th September, 1980 by the Additional District Judge, Bharatpur and the defence of the defendant was struck off.

(3.) SHRI Soral submitted that he is counsel for all the three applicants and, therefore, nothing is required to be done except permitting them to join as parties in this case. SHRI Prem Nidhi opposed the prayer of SHRI Soral on various grounds. I heard arguments at length on more than one day in main appeal and both the learned counsel were told that I would consider this application alongwith the appeal at the time of passing final order and they may address the arguments in the main appeal primarily and also on this application, so that piece meal decision are not given and hearing of the case is not prolonged by deciding this application separately.