KEDAR NATH Vs. DHAPU KANWAR

JUDGEMENT

(1.) THIS is the second appeal by the legal representatives of the deceased-tenant Dr. Kedar Nath against the judgment and decree dated 28. 11. 2000 whereby learned Additional District Judge No. 3, Jaipur City, Jaipur confirmed the judgment and decree of eviction dated 9. 9. 1997 passed by Additional Civil Judge (Junior Division) No. 5, Jaipur City, Jaipur.

(2.) THE plaintiff Smt. Dhapu Kanwar (since deceased) filed a civil suit for arrears of rent and eviction on 20. 12. 1976 against the defendant-tenant Dr. Kedar Nath with the averments that the suit shop was let-out at monthly rent of Rs. 20/- on 31. 8. 1955. Rent-note was executed on the same day. Eviction was sought on the grounds of default in payment of rent from 1. 1. 1974 and reasonable and bonafide requirement of her widow daughter Santosh.

(3.) BOTH the questions co-relate, hence are taken up together. Before adverting to the rival submissions, it would be appropriate to reproduce the provisions of Section 13 (1) (j) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (in short the Act ). 13 (1) (j) Eviction of tenants:-Notwithstanding anything contained in any law or contract, no Court shall pass any decree, make any order, in favour of a landlord, whether in execution of a decree or otherwise, evicting the tenant so long as he is ready and willing to pay rent therefore to the full extent allowable by this Act, unless it is satisfied that the premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of the suit.