KRISHNA GOPAL Vs. RAMCHANDRA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE appellant is aggrieved against the judgment and decree of the trial Court dated 18. 4. 1985 by which the suit of the plaintiff for eviction of the defendant from the suit premises was decreed on the sole ground of default in payment of rent for six months of the period immediately preceding the filing of the suit. THE trial Court before decreeing the suit, struck off defence of the defendant under Section 13 (5) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short "the Act of 1950"), as the defendant failed to pay the rent during pendency of the suit in time. THE judgment and decree of the trial Court dated 18. 4. 1986 has been upheld by the first appellate Court by judgment and decree dated 22. 7. 1986.

(3.) THE plaintiff though led his evidence on all issues but during course of arguments before the trial, the plaintiff did not press all other issues except issue on the ground of default. Meaning thereby, the plaintiff's suit remained only on the ground of default. Since the defence of the defendant was struck off by the Court and the trial Court held that the defendant committed default in payment of rent for more than six months for the period prior to filing of the suit by the plaintiff, therefore, the plaintiff is entitled for decree of eviction of the defendant-tenant on the ground of default under Section 13 (1) (a) of the Act of 1950.