RAJENDRA KUMAR Vs. JAMNA DAS

JUDGEMENT

(1.) THIS is a revision application by defendant -tenant against the order of the District Judge, Jaipur City, dated 6.9.73, whereby it dismissed the petitioner's appeal and confirmed the order of the Munsif (west) Jaipur City striking out the defence of the petitioner against eviction on 18 -11 -72.

(2.) NON petitioner Jamna Das instituted a suit on 22 -8 -68 against the tenant Rajendra Kumar for ejectment and for Rs. 231/ - as arrears of rent He also claimed damages pendent lite and till the date the possession was delivered to the plaintiff at the rue of Rs. 33/ - per month The case of the plaintiff was that the defendent was the tenant vide rent note dated 22 -10 -1960 of a shop facing south situated in Tripolia Bazar, Jaipur of the plaintiff as a monthly rent of Rs. 33/ -. The plaintiff served a quit notice on 18 -4 -68 determining the tenancy and calling upon the tenant to surrender possession within one month from the date of the receipt of the notice. The ground averred in the notice was that the landlord reared the shop for his personal necessity It was further alleged that he defendant had not paid any rent after 31.12.67 and as such Rs. 231/ - were claimed by way of rent fiom 1 -1 -61 to 31.7.68.

(3.) THE learned trial judge framed five issues on 12 -3 -69. On 4 -12 -68 the tenant applied to the court for depositing rent and interest under Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1960, (hereinafter referred to as 'the Act'). It is common ground that the rent for the period from 1.1.68 to 31 12.68 was accepted by the landlord in the court on 20.12.68. By another application dated 26.8.69 the tenant deposited rent for seven months from 1.1.69 to 31.7.69. This is also not in dispute that the defendant appeared for the first time in the court in pursuance of the summons on 17.10.68.