RAMJI LAL Vs. SHYAMA

JUDGEMENT

(1.) THIS is a landlord's revision petition against the judgment of the learned Additional District Judge, Gangapur City dated January 29, 1983 by which he allowed the tenants' appeal and set aside the order of the learned Munsif, Karaali dated August 4, 1981 striking out their defence against eviction.

(2.) THE plaintiff landlord brought a suit for eviction and arrears of rent against the tenants in respect of the suit premises in the court of Munsif, Karauli. One of the grounds made to seek the eviction was that the tenants had neither paid nor tendered the amount of rent due from them for more than six months. THEy, therefore, committed the default in payment of rent under Section 13 (1) (c) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act' ). THE suit was resisted by the tenants. After hearing the parties, the learned Munsif provisionally determined the amount of rent in accordance with the provisions of sub-section (3) of Section 13 of the Act. THE arrears of rent so determined were for the period from August 18, 1979 to May 17, 1981 i. e. 21 months. This amount was deposited by the tenants on July 23, 1981 i. e. within three months. However, they filed to deposit the monthly-rent accruing due from May 18, 1981 within 15 days. THEy deposited the rent for this month also on July 23, 1981 alongwith the amount of rent provisionally determined, THE landlord approached the taial court with the request that the tenants' defence against eviction be struck out. After hearing both the parties, the learned Munsif struck out the defence of the tenants against eviction. He held that the tenants had failed to deposit the monthly rent of the period from May 18, 1979 to June 17, 1931 within 15 days. THE tenants challenged this order in appeal. THE learned Additional District Judge sitting in appeal, reversed the order of the learned Munsif by his impugned judgment dated January 29, 1983. Aggrieved against it, the plaintiff has come up in revision to this Court.

(3.) THERE is yet another aspect of the matter. Admittedly, no rent was paid for the period subsequent to May 18,1981. If the monthly tenancy commences on 5th of every English month, the tenants were required to deposit the rent for the period from May 5, 1981 to June 4, 1981 within 15 days of the succeeding month, that is to say by 19th of June, 1981 after deducting the amount, if any deposited by them. But the tenants failed to do so. They have, thus, also committed the default in depositing the monthly rent within 15 days of the succeeding months. The learned Munsif examined the case from all these angles and rightly held that the tenants had committed the default in depositing the monthly rent as envisaged in sub-section (4 ).