OM PRAKASH Vs. DISTRICT JUDGE BIKANER

JUDGEMENT

(1.) THE plaintiff-petitioners have submitted this writ petition being aggrieved of the order dated 16. 9. 2004 whereby the District Judge, Bikaner allowed Civil Appeal (Order) No. 52/2004 filed by the defendant-tenant and set aside the order dated 9. 2. 2004 passed by the Trial Court striking out defence against eviction because of delay in deposit of the amount of rent.

(2.) BRIEF facts relevant for determination of the questions involved in this writ petition are that the plaintiff-petitioners have filed a suit against the defendant-Respondent No. 2 for recovery of arrears of rent and for eviction, inter alia, on the ground of default. In accordance with the requirements of Section 13 (3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (`the Act' hereinafter), provisional determination of rent was made on 17. 5. 1995 and the defendant was required to make payment of the determined amount and so also future monthly rent. According to the petitioners, the respondent-tenant deposited the rent for some time but after June 1998 committed several defaults in depositing the rent including that of the months of July 1998, January 1999, January 2003 and February 2003.

(3.) HAVING heard learned Counsel for the parties and having examined the record with reference to the law applicable, this Court is clearly of opinion that the impugned order dated 16. 9. 2004 cannot be sustained being squarely contrary to the statutory mandate and so also the dictum of the Hon'ble Supreme Court.