KALI PRASAD Vs. SUALAL RAMNARAIN

JUDGEMENT

(1.) THIS is a tenant's appeal and it arises out of a suit for ejectment. Messers, Sualal Ramnarain, a Hindu joint family own the suit house situate at Abu Road. A portion of the house, that is the first floor was rented out to Babu Kali Prasad for residence at the rate of Rs. 25/ - per month in July, 1958. In addition to the rent privy tax of Rs. 75 per month was also payable by the tenant. The tenancy commenced from every 1st day of the English calendar month. According to the plaintiffs the defendant did not pay rent from 1 -1 -1970 to 31 -1 -1971. A quit notice was served on the tenant to vacate the demised premises by 31 -1 -1971. The tenant having declined to handover possession, Jagdish Prasad Manager of the joint Hindu family sued the defendant for eviction and for arrears of rent on 9 -2 -1971. The eviction was sought of the ground of default and that the demised premises were required for personal use of the plaintiff's family.

(2.) THE suit was resisted by the defendant by written statement dated 14 -7 -71. The tenancy was admitted. The rate of rent and the privy tax was also not denied, It was, however, alleged that the rent for the period from 1 -1 -70 to 31 -1 -71 was paid to the plaintiffs' agent M/s. Ganeshram Ramgopal Abu Road on 12 -4 -71. As regards the privy tax it was stated that it was deposited in the Municipality. On that basis it was pleaded that the defaults have thus been waived by the plaintiffs. The personal requirement of the plaintiffs was also denied.

(3.) 14 -7 -71 was the first date of bearing and the tenant deposited Rs. 125/ - towards the rent from 1 -2 -71 and Rs. 3 -50 towards interest. The learned trial Judge by his order dated 7 -2 -72 held that the amount has not been deposited as required by Section 13(4) of the Rajasthan Premises (Control of Rent &) Eviction) Act, 1950, (hereinafter referred to as 'the Act'), He struck out the defence against eviction. Subsequently by his judgment dated 15 -2 -1972 he decreed the plaintiffs' suit for eviction. He did not accept the defendant's plea that the payment of Rs. 325/ - representing the rent from 1 -1 -1971 to 31 -1 -1971 waived the defaults Dissatisfied with this decree the defendant appealed and the learned Civil Judge, Sirohi, by his judgment dated 1 -6 -1974 dismissed the appeal. Before the lower appellate Court the following points were urged; -