SWARAN DEVI Vs. KAILASH CHANDRA JAIN

JUDGEMENT

(1.) THE plaintiff-non-petitioners filed a suit for eviction against the petitioner on several grounds inter-alia on the ground that the petitioner committed default in the payment of rent. Notice of suit was served on the petitioner. He put his appearance on 17.12.1994. On his request the case was adjourned to 7.3.1995. On 7.3.1995, the petitioner filed an application mentioning therein that he has already deposited rent upto December, 1994, under Section 19A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short the 'Act'). He wants to deposit the rent for the months of January & February, 1995. He may be permitted to deposit the rent in the Court.

(2.) THE trial court vide its order dated 7.5.1993, rejected the said application of the defendant-petitioner. This order was challenged by the petitioner in appeal. The learned Addl. District Judge No. 7, Jaipur City, Jaipur, vide his order dated 24.4.1995, rejected the said appeal. Under such circumstances the petitioner has filed the present revision, challenging the aforesaid orders.

(3.) MR . M.M. Ranjan and Mr. R.K. Agarwal interveners also supported the counsel for the petitioner. But their submission is that notice of deposit must go to the plaintiffs-non-petitioners, otherwise the plaintiffs-non-petitioners will suffer interest on the amount deposited by the defendant-petitioner.