DULICHAND Vs. HARI MOHAN

JUDGEMENT

(1.) This is defendant's second appeal against the judgment and decree dated 26/10/1993 passed by the Additional District Judge No. 1, Sri Ganganagar affirming the judgment and decree passed by the Additional Civil Judge, Sri Ganganagar dated 17/07/1990 for eviction from the suit premises situated at Sri Ganganagar.

(2.) The respondent-plaintiff filed the suit for eviction against the appellant on January 16, 1986 on the ground of default alleging that the premises were let out at Rs. 125.00 p.m. and the defendant has neither paid nor tendered any rent since Nov. 1982. Thus he has failed to pay or tender rent for a period of more than six months on the date of filing of the suit. The defendant resisted the suit and averred that initially the rent was Rs.30/p.m. and in the year 1978, it was increased to Rs. 35.00 p.m.

(3.) By its order dated 7/10/1986, the trial court determined the amount of rent and interest payable under Section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 @ Rs. 125.00 p.m. The defendant preferred appeal against this determination which was dismissed. The petitioner failed to deposit entire amount so determined under Section 13(4) of the Act and on account of that his defence was struck out on 18/08/1989. No appeal against the order strikingout the defence under Section 13(5) of the Act for non-payment of rent as required under Section 13(4) of the Act was preferred and the order became final.