JORAWAR MAL Vs. GYAN CHAND

JUDGEMENT

(1.) THE facts leading to this revision application are as follows : THEre is a shop situate in Merta City of which Jorawarmal is the landlord and Gyanchand is the tenant. THE shop has been on a monthly rent of Rs. 41/75 from 28-11-65. THE rent was payable according to Hindi calendar month. Jorawarmal served a quit notice on the tenant on 24-3-68 calling upon him to surrender possession upto 28-4-69. THE tenant having failed to surrender possession, a suit for ejectment was filed on 19-8-69 in the Court of Munsif, Merta. THE eviction was sought on the ground of personal necessity. That suit for ejectment was dismissed by the trial Judge. Jorawarmal unsuccessfully appealed to the District Judge. His second appeal No. 162/1974 has been pending in this Court.

(2.) GYAN Chand submitted an application in the Court of Munsif u/sec. 19-A of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter referred to as 'the Act') on 9-9-70. It was alleged by him that he tendered rent to the landlord several times and also sent money orders but the rent was not accepted by Jorawar Mal. He made a last attempt on 31-8-1970 by which he remitted Rs. 835/-by money order towards rent for 20 months. But that money order was also refused by the landlord on 3-9-70. Accordingly it was prayed by him that the money be deposited in the Court. It was further prayed that the rent be paid to Jorawar Mal and it may be held that the rent was validly tendered to him. The payment of Rs. 835/- was offered by a tender. The learned Munsif allowed the payment to be made and issued a notice to Jorawar Mal. On 1112-70 on behalf of Jorawarmal a reply was filed. It was stated therein that he determined the tenancy of the tenant by his notice dated 24 3 69 as he required the shop for his bonafide and personal necessity. He was not in position to accept the rent when it was sent to him by money order after that date. It was also alleged by him that the tender was not made in accordance with law.

(3.) THESE provisions were added in the Act in the year 1965 by the Amending Act No. XII of 1965 and they were introduced to ameliorate the lot of the tenants and save them from harassment by landlords. Section 19a authorises the tenant from whom the landlord does not accept the rent tendered by him within time or where there is bonafide doubt as to the person or persons to whom the rent is payable, to deposit the rent in the Court which shall be treated to be the full discharge of the tenant from liability to pay rent to the landlord. Sub sections (3), (4) and (5) lay down the procedure as to how the application has to be made, and what it should contain, how notice has to be issued after deposit, and provides for the payment of the amount of the landlord,