SATYA PRAKASH Vs. MADAN LAL

JUDGEMENT

(1.) The present revision petition under Section 115, C. P. C. has been filed against the judgment and order dated 15-2-1994 passed by the learned Addl. District Judge, No. 2, Jodhpur in Civil Appeal (Order) No. 19 / 94 modifying the order dated 28-1-1994 passed by the learned Additional Munsif and Judl. Magistrate, No. 5 Jodhpur in Rent Case No. 481/93.

(2.) The respondent-landlord filed a civil suit against the petitioner-tenant alleging therein that the petitioner is a tenant in Shops Nos. 4 and 5 situated at Kheta Nadi, Mandore Road, Jodhpur owned by him. It has further been alleged that the petitioner-tenant stopped payment of monthly rent from July, 1992 and thus, he is defaulter under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Rajasthan Act' No. 17 of 1950) and as such liable to be evicted from the aforesaid shops. It hat also been alleged by the respondent-landlord that one of the shops is required for philanthropic purpose and other is required for personal necessity. It has also been alleged that some material alterations in the shops have been made by the petitioner-tenant without the consent of the respondent-landlord and as such also the respondent-landlord is entitled to have vacant possession of the shops from the petitioner-tenant. The suit was also based on the nuisance created by the petitioner-tenant.

(3.) The petitioner-tenant filed a written statement alleging therein that he was always ready to pay the monthly rent and he tendered the rent every month but the respondent-landlord refused to accept the rent. The petitioner-tenant sent the amount of rent through Money Order which too was returned with a remark of 'refusal'. It is further alleged that the petitioner-tenant served a notice upon the respondent-landlord asking him to disclose the name of the Bank and his Account Number, so that, the monthly rent of the said shops may be deposited in the Bank Account of the respondent-landlord. The landlord by registered letter disclosed the name of the Bank as well as Account Number, whereupon the petitioner-tenant started depositing the amount of rent every month in the Bank Account of the respondent-landlord and presently no amount of rent is due against the petitioner-tenant.