KRIPAL SINGH Vs. BHANWARLAL

JUDGEMENT

(1.) THIS is a second appeal by the defendant -tenant against the judgment and decree passed by the Civil Judge, Bhilwara, dated March 27, 1976.

(2.) THE relevant facts giving rise to this appeal are that two shops described in paragraph No. 1 of the plaint were let out to the appellant by the plaintiff respondents on a monthly rent of Rs. 14/ - on January 1, 1966. After terminating the tenancy, the respondents filed the suit, out of which this appeal has arisen, for recovery of arrears of rent and damages amounting to Rs. 273/ - and also sought eviction of the appellant on the ground of default of payment of rent under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 hereinafter referred to as 'the Act'. It was pleaded in the plaint that prior to the present suit, a suit for eviction under Section 13(1)(a) of the Act was filed but that suit was dismissed on appellant's depositing the arrears of tent etc. on the first date of hearing under Section 13(4) of the Act.

(3.) IN the lower appellate court it was admitted on behalf of the appellant that the appellant was defaulter within the meaning of Section 13(1)(a) of the Act. The only contention agitated before the lower appellate court was that the appellant had not taken benefit of the provisions of Section 13(4) of the Act in the previous suit. The lower appellate court rejected the above contention on the basis of he judgment in the previous suit dated February 17, 1972 marked as Ex. 2. It runs as under: odqyk; Qjhdsu mi0 oknh ;g nkok dsoy fdjk;k vnk djus es fMQkYV djus ds vk/kkj ij yk;k FkkA izfroknu us p