MOOL CHAND Vs. POONAM CHAND

JUDGEMENT

(1.) THE present second appeal has been filed by the defendant in a suit for arrears of rent and ejectment.

(2.) THE plaintiff -respondent Poonam Chand, filed a suit on 27 -3 -1973 for arrears of rent amounting to Rs. 234/ -, and eviction on the ground of default, denial of title and personal necessity. Notice was issued for appearance of the defendant for 11 -5 -1973. On 11 -5 -1973, the defendant moved an application under Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, here in after referred to as the 'Act' submitting that the has not committed any default in payment of rent, and further that he used to go to the plaintiff for paying rent but the plaintiff used to avoid accepting rent, by money order which was also refused and further that he was willing to deposit arrears of rent upto date along with interest amounting to Rs. 310.25 for which necessary orders may be passed. The tender form was also submitted along with the application. The application was contested by filing reply but however, the court passed order on 11 -5 -1973 itself that the tenant may deposit rent, subject to objection, as a result thereof, the tenant deposited the sum of Rs. 310.25 on 25 -5 -1973. The court did not determine the arrears of rent and the application was fixed for arguments, however, no orders on the said application were passed, nor the amount of rent as claimed in the suit and disputed by the defendant in the written statement was determined till final decision of the suit itself nor any directions were given to the defendant tenant to deposit the arrears of rent and for depositing the monthly rent in future. However, the defendant continued to deposit the rent month by month and plaintiff also withdrew the same from time to time.

(3.) THE defendant preferred an appeal against the said order. Learned Civil Judge, Jhalawar vide his order dated 20 -1 -1982 held that the defendant did not deposit the rent of November, 1978 only and therefore, he also held that the defendant was a defaulter and his defence was rightly struck off and ultimately, he dismissed the appeal. Against that order, S.B. Civil Revision Petition No. 194/82 Moolchand v. Poonam Chand has been filed and the same is being disposed of by this common order.