SITA RAM Vs. NASIRUDDIN

JUDGEMENT

(1.) THIS revision is directed against the order dated 20.1.1994, passed by learned Munsif and Judicial Magistrate (West), Jaipur City, Jaipur, in Civil Suit No. 824/1933, by which the said Court rejected the application of the petitioner for condonation of delay.

(2.) BRIEF relevant facts of the case are that the plaintiff non -petitioners filed a suit for eviction interalia on the ground that the petitioner committed default in payment of rent. The trial Court vide its order dated 9.9.1991, determined the arrears of rent Under Section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, (for short the 'Act'). The petitioner could not deposit the same within the time granted by the trial court but deposited the same on 28.3.1992. He further committed defaults in payment of monthly rent. Later on the petitioner submitted an application praying that the delay in depositing the determined amount and monthly rent be condoned. The trial Court vide its order dated 20.1.1994, rejected the said application of the defendant petitioner. This order has been challenged in this revision.

(3.) THE tenant shall deposit in court or pay to the landlord the amount determined by the court under Sub -section (3) within fifteen days from the date of such determination, or within such further time, not exceeding three months, as may be extended by the court. The tenant shall also continue to deposit in court or pay to the landlord, month by month the monthly rent subsequent to the period upto which determination has been made, by the fifteenth of each succeeding month or within such further time, not exceeding fifteen days, as may be extended by the court, at the monthly rate at which the rent was determined by the court under Sub -section (3). (Emphasis supplied)