MOHD ASLAM Vs. PARVATI DEVI

JUDGEMENT

(1.) AS this appeal as also SB Civil Misc. Appeal No 106/93 "shekhar Vs. Parvati Devi & Ors" (the other appeal) involve common question and arise out of the common order dated 6-3-1993 passed by the learned Additional District Judge No. 2, Jodhpur in Civil Original Suit No. 148/91, both these appeals are being decided together. The brief facts are as under:-

(2.) THE suit, out of which these appeals have arisen, has been filed by Smt. Parvati Devi (hereinafter to be referred as the land lady) with the allegations that she is the owner of the premises in dispute and had let it out to Shri Peerulal (hereinafter to be referred as the tenant) vide agreement dated 21. 10. 1982 at a monthly rent of Rs. 700/- but that the tenant had committed default in payment of rent for a period of more than six months by not paying the rent with effect from 21-4-1990 and also that he had sub-let the premises in dispute to Mohd. Aslam and Shekhar (hereinafter to be referred as the appellants ). She, therefore, prayed for a decree of eviction against the tenant on the grounds of default in payment of rent and sub-letting. In his written statement, the tenant admitted that he had not paid the rent for the period in question and had committed default but pleaded that the appellants were his employees. In their written statement, the appellants pleaded that they were inducted as tenants in the premises in dispute by Peerulal, who is the husband of the land lady, and that they have been paying rent in respect of the premises in dispute to him only. THEy denied that they were the employees of Peerulal. Since one of the grounds of eviction in the suit is default in payment of rent, the learned trial court, after hearing the learned counsel for the parties, passed the impugned order under sub-section (3) of section 13 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (the Act) directing the tenant as well as the appellants to pay a sum of Rs. 23, 800/- by way of rent due for the period from 21-4-1990 to 21-2-1993 and Rs. 1963-50 p. towards interest at the rate of 6% per annum, within a period of 15 days from the date of the order and also to deposit future rent at the rate of Rs. 700/- p. m. within 15 days with effect from |21st of each succeeding month. Feeling aggrieved, this appeal has been filed by the appellant Mohd. Aslam and the other appeal has been filed by the appellant Shekhar.