HEMRAJ Vs. CHANDRA PRAKASH

JUDGEMENT

(1.) THE defendant-petitioner has preferred this revision petition under Section 115, CPC against the order of the learned Addl. distt. Judge No. 2, Jodhpur dated 19.8.1995 whereby the learned Addl. Distt. Judge dismissed the appeal of the petitioner and upheld the order of the trial Court dated 5.12.1994 by which the learned trial Court allowed the application filed by the non-petitioner-plaintiff under Section 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act.

(2.) THE plaintiff filed a suit for eviction and recovery of rent against the petitioner-defendant. In that suit, the trial court, by its order dated 20.7.1988, determined provisional rent under Section 13(3) of the Act up to June 1988. The provisional rent was Rs. 1,425.38p. The defendant deposited the above rent on 26.7.1988. The petitioner was also to continue to deposit in Court or pay to the landlord month by month the monthly rent subsequent to the period up to which determination has been made, by 15th of each succeeding month or within such further time; not exceeding 15 days, as may be extended by the Court, at the monthly rate at which the rent was determined by the Court under Section 13(3) of the Act. However, the defendant moved an application under Section 13(5) of the Act on 17.10.1992 alleging therein that the plaintiff has not complied with the order passed by the Court and did not deposit the subsequent rent as per provisions of Section 13(4) of the Act. He, therefore, prayed that the defence of the defendant against eviction be struck out. A notice of the above application was given to the defendant- petitioner who filed reply and asserted that he has deposited rent and did not commit any default. He, therefore, prayed that the application filed by the plaintiff be dismissed.

(3.) I have heard learned course for the petitioner and the non-petitioner.