TARA CHAND Vs. BHANWAR LAL

JUDGEMENT

(1.) ON October 23, 1975 the plaintiff respondent (for short, "landlord") filed the suit for ejectment on the ground of default of payment of rent and nuisance against the defendant appellant (for short `tenant') from the tenanted premises, which was occupied by the tenant on rent at the rate of Rs. 41/- per month.

(2.) ON January 5, 1976 the tenant, prior to filing of the written statement, moved an application under Section 13 (3) of Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short, `rent Act') seeking determination of provisional rent with the following prayer:- It is therefore, prayed that learned court be pleased to determine the amount to be deposited by this defendant now and allow him time to deposit according to law''. Learned Munsif Magistrate vide order dated March 2, 1976 determined the provisional rent with consent of parties. The order reads as under:-

(3.) ON March 18, 1993 this court admitted the appeal and formulated following substantial question of law:- ``whether the suit for eviction could be filed on the basis of the arrears of rent which were not recoverable in the absence of the Succession Certificate/letters of administration in respect of the period for which the deceased was alive?''