SURAJ NARAIN Vs. KHAWAS BALA BUX

JUDGEMENT

(1.) THIS is a civil second appeal by Suraj Narain, defendant, against the judgment of the Senior Civil Judge, Jaipur City of the 23rd February, 1954, confirming on appeal the decree passed by the Munsif, Jaipur West, on the 10th of November, 1953, on which the plaintiff was held entitled to get possession of the suit premises and the defendant was ordered to be ejected therefrom.

(2.) KHAWAS Bala Bux filed a suit against Suraj Narain in the court of the Munsif Jaipur West, on the 21st of October, 1952, on the allegations that the defendant was his tenant, that he had made defaults in payment of rent on three occasions within a period of 18 months and that he was, therefore, liable to be ejected. The plaintiff claimed possession of the suit premises. The defendant denied having made defaults as stated by the plaintiff and pleaded that he had paid rent upto the month of July, 1952. The learned Munsif, after trying the suit, held in favour of the plaintiff that defaults in payment of rent had been made as alleged by the plaintiff and that the defendant had failed to prove payment of rent upto July, 1952 as alleged by him, The suit of the plaintiff was accordingly decreed. The defendant went in appeal to the court of the Senior Civil Judge, Jaipur City, who dismissed his appeal. He has now come in second appeal and his learned counsel has urged the following points : - (1) That the learned trial court should have complied with the provisions of sub-sec. (4) of sec. 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (No. XVII of 1950), as amended by Act No. IX of 1952, and on the first day fixed for the hearing he should have determined the amount of rent due from the tenant upto the date of the order together with interest thereon on directed the tenant to pay the same within the time specified by the court and the suit of the plaintiff could only proceed on failure on the part of the defendant to make payment of such arrears of rent. (2) That on appeal lay before the Senior Civil Judge in this case and an appeal lay to the Court of the District Judge, under sec. 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, and (3) that the defendant has paid rent of the suit premises to the plaintiff uptil now and that he should not be ejected from the premises. In case a decree is passed against him for ejectment he should be allowed sufficient time to enable him to hire other suitable premises for his residence.