CHETAN DAS Vs. ANNUSUIYA

JUDGEMENT

(1.) THE instant revision has been filed against the order dated 63. 1995 passed by learned Additional District Judge No. 2, Jodhpur in C. A. O. No. 183/94 whereby the order dated 19. 10. 1994 passed by Additional Civil Judge (Junior Division) No. 5, Jodhpur has been upheld.

(2.) IN the present revision in hand two short question are involved, firstly, as to whether defence against eviction of the defendant-revisionist has been rightly struck off the impugned order passed by the learned courts below and secondly as to whether in the instant case principle of waiver is applicable?

(3.) AGAINST the said application moved u/s. 13 (5) of Act No. 17 of 1950 a detailed reply was filed by revisionist and it was stated therein that the application u/s. 13 (5) of the aforesaid Act is barred by principle of waiver by conduct hence it is not maintainable. It was made clear in the objection that irrespective of the fact that non-petitioner moved an application u/s. 13 (5) of Act No. 17 of 1950 on 2. 3. 1994 yet he has withdrawn the rent on 16. 9. 94 as well as on 3. 10. 1994. Thus according to the revisionist after withdrawal of the amount his defence cannot be struck off as contemplated u/s. 13 (5) of the aforesaid Act.