HIMMAT MAL Vs. SUMMATI ROOPCHAND

JUDGEMENT

(1.) THIS second appeal is directed against the judgement and decree dated 26. 5. 1993, passed by learned Addl. District and Sessions Judge, No. 2, Jodhpur; affirming the judgment and decree passed by learned Addl. Civil Judge No. 2, Jodhpur on 20. 03. 1993.

(2.) THE respondent had filed the present suit for eviction against the appellant, on the ground he has defaulted in payment of rent within the terms of Sec. 13 (1) (a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act of 1950' ). It was the further case of the plaintiff that the defendant having already obtained the benefit of provisions of Sec. 13 (6) of the Act of 1950 in the previous suit No. 122/77, which was also founded on the ground of default, is not entitled to benefit of Sec. 13 (6) in the present case.

(3.) IN the aforesaid facts and circumstances, it cannot be said that the defendant had not taken the benefit of Sec. 13 (6) of the Act of 1950 in that earlier suit. If the be so, both the courts below were right in holding that the defendant is not entitled to benefit under Sec. 13 (6) a second time.