LATE SHRI AMAR SINGH Vs. DOONGAR SINGH

JUDGEMENT

(1.) HEARD the learned Counsels for the parties in Civil Suit No. 129/85 Doongar Singh v. Amar Singh. The learned Munsif and Judicial Magistrate 1st Class, Udaipur City (South), Udaipur vide his order dated 20th January, 1990 rejected the application of the defendant for condonation of delay in depositing of rent.

(2.) FEELING aggrieved by the order dated 20th January, 1990 the defendant filed an appeal which was disposed of by the Additional Civil Judge, (Senior Division) No. 3, Udaipur vide order dated 28th February, 1995. The learned Additional Civil Judge (Senior Division) dismissed the appeal filed by the defendant. Feeling aggrieved by the aforesaid judgments of the lower Courts the defendant has filed this Revision Petition under Section 115 of the Civil Procedure Code.

(3.) THE learned Munsif and Judicial Magistrate after hearing the parties came to the conclusion that the story about payment of rent to Dungar Singh was not reliable and was false and that default in payment of rent had been committed by not depositing the rent for the month of December, 1986 within time and that he delayed the deposit of rent from 17 -18 days without seeking permission of the Court. Consequently, he rejected the application filed by the petitioner under Section 5 of the Limitation Act and struck out the defence in view of the provisions of Section 13(5) of The Rajasthan Premises (Control of Rent and Eviction), Act. The appeal which had been filed in the Court of learned District Judge, Udaipur was transferred to the Court of Additional Civil Judge (Senior Division) No. 3, Udaipur and the appeal was dismissed with cost by the learned Additional Civil Judge (Senior Division) No. 3, Udaipur, vide order dated 28th February, 1995.