SUNDERLAL Vs. RAM GOPAL

JUDGEMENT

(1.) THIS is an appeal by the defendant-tenant against the judgment and decree of the learned District Judge, Alwar. The plaintiff responded filed a suit in the court of the Munsif, Alwar for the ejectment of the defendant from a certain house on the allegation that the defendant had not paid rent since 1947 and that the house was required reasonably bonafide by the plaintiff for his personal use. Before filing the suit the plaintiff had obtained a certificate from the Rent Controller, Alwar for bringing the suit for eviction under sec. 14 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, hereinafter to be referred to as the Act. The suit was filed on the 20th of March, 1952, before amendment was made in the Act by the amending Act of 1952 under which the necessity to obtain la certificate from the Controller was done away with. THIS amendment Act came into force on the 29th of March, 1952.

(2.) VARIOUS pleas were taken by the tenant-defendant in his written statement but I am concerned with only two as out of the pleas taken in the written statement only these two pleas have been pressed in appeal. They are as follows - (1) That the defendant was all the time willing to pay the rent to the full extent allowable by the Act but the plaintiff himself did not receive it, and that the plaintiff was not entitled to eject the defendant on this ground because no notice was served on him as required by sec. 13 (l) (a) of the Act. (2) That the plaintiff did not require the house reasonably bonafide for his own use or occupation or that of his family.