RAM SARAN Vs. NATHU LAL

JUDGEMENT

(1.) THIS revision is directed against the order of learned Additional District Judge No. 1 Jaipur City dated 1st September, 1982, confirming the order passed by the Additional Munsif and Judicial Magistrate No. 3, Jaipur City, dated 12th May, 1981.

(2.) BRIEF facts leading to this revision are that the plaintiff-non-petitioners filed a suit for arrears of rent and ejectment against the defendant-petitioners for a shop situated at Sasni Sitarampura, Jhotwara Road Jaipur. The shop was let out to the petitioners on a monthly rent of Rs. 50/ -. The grounds on which ejectment was sought were default in payment of rent for more than six months and reasonable and bonafide personal necessity of the plaintiff Nathu Lal. The petitioners filed a written statement and contested the suit and denied all the allegations made in the plaint. As regards the default in the payment of rent, it was submitted that the rent was said to Gulab Chand father of the non-petitioners and the defendants have not committed any defult in the payment of rent. It was also pleaded that in the year 1965, rent of the shop in question was Rs. 26/- per month and as such it was prayed that the standard rent of the shop in question be fixed at Rs. 26/- p. m. and provisional rent of the shop in question be also fixed accordingly.

(3.) IT was further argued by Mr. Rastogi that according to the above provision the operation of the words "shall also continue to deposit" shall come into effect only after the extended period allowed for deposit of the rent determined under Section 13 (3) of the Act. The argument is that if the time for depositing the rent determined under section 13 (3) of the Act was extended upto 27th March, 1979, the liability to deposit the rent for the months of January and February, 1979 can only commence after 27th March. 1979 and not earlier. In the order dated 10th January, 1979, the rent was determined upto December, 1978 and if time was extended for depositing the same upto 27th March, 1979, tenant was entitled to deposit the monthly rent falling due for the months of January, February and March, 1979 upto 15th April, 1979.