JAI NARAIN Vs. SATYA NARAIN

JUDGEMENT

(1.) THIS is plaintiffs revision directed against the order of the learned Additional Civil Judge, Bikaner dated 21. 9. 1991 whereby he has set aside the order of the learned Munsif, Bikaner dated 9. 2. 1990 striking out the defence.

(2.) BRIEFLY stated the facts of the case are that petitioner- plaintiff filed a suit for recovery of rent for three years and also sought ejectment on the grounds of defaults necessity and material alteration on 17. 5. 1985. The defendant contested the suit. Rent was determined on 31. 7. 1987 at the rate of Rs. 60/-per month and the defendant was ordered to deposit Rs. 3300/- within a month and further directed the defendant to pay rent month by month by the fifteenth of each succeeding month. It is alleged that the defendant defaulted in payment of rent on several occasion, so an application under Sec. 13 (5) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 was filed on 5. 7. 1989. Reply was filed on 14. 9. 1989 stating that he is not defaulter. Vide order dated 9. 2. 1990 the learned Additional Munsif No. l, Bikaner ordered to strike out the defence. Aggrieved defendant-non-petitioner preferred an appeal in the Court of Additional Civil Judge, Bikaner. The appeal so preferred was accepted by the learned Additional Civil Judge, Bikaner vide judgment dated 21. 9. 1991. Hence, this revision.

(3.) UNDOUBTEDLY a landlord is entitled to get rent after the determination of rent and thereafter monthly rent in time in view of sub-Sections (3), (4) and (5) of the Section 13 of the Act and in case tenant makes any default or any breach in the condition of monthly rent then certainly landlord get a right of striking out the defence of the tenant.