MOHAMMAD SHAFI Vs. LAJWANTI DEVI

JUDGEMENT

(1.) IN this appeal the only point pressed by the learned counsel for the appellant is that the trial court decreed the plaintiff's suit for ejectment and recovery of arrears of rent without satisfying itself as to whether the conditions specified in one of the clauses of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act') has been fulfilled.

(2.) THE defendant tenant failed to file the written statement although several opportunities were given to him since July 7, 1982 On January 4, 1983, the counsel for the defendant appeared before the trial court and pleaded that the defendant was not present and no body was prepared to proceed with the case on behalf of defendant. THE written-statement was not filed by the defendant on the date fixed and the trial court proceeded under Order 8 rule 10 C. P. C. and pronounced the judgment against the defendant and decreed the plaintiff's suit on that very day i. e. January 4, 1983.

(3.) IN the result, the appeal is allowed, the decrees passed by both the lower courts are set aside and the proceedings in the suit are restored and the same shall be proceeded with from the stage at which the proceedings stood on January 4, 1983. The trial court is directed to proceed with the hearing of the suit expeditiously within a period of one year.