NARESH GERA Vs. DWARKA DAS

JUDGEMENT

(1.) THIS is a petition under Section 115 of the CPC against the judgment and order of the learned Additional Civil Judge No. l, Kota dated October 7, 1993. Thereby the learned Additional Civil Judge, though dismissed the suit of the plaintiff-respondent in default, yet at the same time declined to finally determine the rent as per the provisions of Section 13 (7) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (for short 'the Act' ).

(2.) HEARD the learned counsel for parties and perused the order under Revision.

(3.) A bare reading of Section 13 of the Act would inform that provisional rent is determined under Section 13 (3) of the Act and the final determination of such rent has to be made under Section 13 (7) of the Act. The right of a party contained under Section 13 (7) of the Act has to be considered irrespective of the fact whether a party has absented himself from the proceedings before the court. Therefore, a suit for eviction of a tenant must be regarded to be continued till the final disposal has been made in accordance with the provisions of Section 13 of the Act. In a case where the provisions of Section 13 (3) of the Act are applicable and the provisional rent has been determined the suit cannot be decided either way without finally determining the rights and liabilities of the parties in respect of the rent without passing an appropriate-order under Section 13 (7) of the Act.