MEHTA MANSUK LAL Vs. MODI FATEH LAL

JUDGEMENT

(1.) THIS is the defendant -tenant's second appeal arising out of a suit for ejectment of premises situated in Partapgarh.

(2.) THE ejectment was sought on the ground of reasonable, bonafide and personal necessity as well as default in payment of rent. The appellant has filed an application on October 27, 1975 praying that he is entitled to the benefit of Section 13 -A of the Act No. XVII of 1950 as Amended by the provisions of Ordinance No. 26 of 1875 He has further urged that the judgment and decree of the first appellate court is liable to be set aside as it is based on the eiound of striking put the defence for nonpayment of rent, fifth the arties further prayed that both of them are entitled to the benefit of Section 14(2) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 as amended by the Ordinance No. 26 of 1975.

(3.) THE result is that the appeal is allowed, the decrees of the courts below are set aside, and the case is remanded back to the trial court with a direction to determine the arrears of rent, interest and full costs of the suit and direct the appellant to deposit the same within such time not exceeding 90 days as may be fixed by the trial court. The plaintiff will be free to amend the plaint and the defendant also will be free to amend the written statement. Thereafter, the parties may lead evidence, if they so desire on the newly framed issues by the trial court. the evidence, recorded during the previous original trial shall be, subject to just exception, the evidence during the trial after remand. In the facts and circumstances of the case the appellant shall be liable to pay costs of the plaintiff throughout.