OM PRAKASH AND COMPANY Vs. JAWARI LAL

JUDGEMENT

(1.) THIS appeal came up for hearing on admission on 14-11-1994 before this Court. In the presence of the learned counsel for the parties it was ordered to list the case for final disposal and it is in these circumstances this appeal comes up before me for final disposal.

(2.) THIS second appeal arises out of the concurrent findings recorded by the learned courts below whereby the appellant-tenant has been ordered to be ejected from the premises in question and the suit filed by the respondents-landlords has been decreed. The premises in question is a 'kotha' which was rented out to the appellant-tenant for the purpose of 'bethak' at the rate of Rs. 121/- per month and the rent was enhanced to Rs. 141/- some time late. The tenant defaulted in the payment of rent and for that purpose a suit was filed on 18-8-1982. 18 Months rent was in dispute in those proceedings and on 4-3-1983 the entire rent was paid along with interest and proceedings were dropped giving the tenant the benefit of Sec. 13 (6) of the Rajasthan Premises (Control of Rent & Eviction ) Act , 1950 (For short "the Act" ).

(3.) THE next judgment cited by the learned counsel in support of his contention is Smt. Manak Bai v. Kalyan Bux 1989 (2) RLR 704, a decision of Hon'ble Division Bench of this Court. In this judgment it was held that "if a tenant acts in any of the methods provided in S. 19-A (3), he can escape liability from eviction on the ground of default in payment of rent u/s. 13, in view of S. 19- A (4)". This point has also been dealt with by the learned fist appellate court and a finding has been recorded against the appellant that he has not been able to establish as to when the money order was sent. THE burden of proving the issue was on him and he, thus, failed to discharge the same. In Ex. 1 which has been placed on record from the side of the appellant, it is no where recorded as to when this amount was sent. THE form where it could be known as to when this amount was sent and for which period. THE tenant had admittedly committed second default and cannot escape the consequences by taking such pleas now.