PRAHLADRAI Vs. MADHUSUDANACHARYA

JUDGEMENT

(1.) Under challenge is the order dated 20.09.2017 passed by the Additional District Judge No. 3, Sikar affirming the order dated 13.05.2016 passed by the Civil Judge (Senior Division), Sikar dismissing the application under Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter 'the Act of 1950') filed by the petitioner-tenant (hereinafter 'the tenant') on 23.04.2014 seeking a extension of time for deposit of arrears of provisional rent in terms of its order dated 09.05.2001 in terms of Section 13(3) of the Act of 1950 after a delay of 13 years.

(2.) The facts of the case are that in the landlord's suit for eviction inter alia based on the ground of default, vide order dated 09.05.2001 on an application under Section 13(3) of the Act of 1950 provisional rent was determined @ Rs. 20 per month and arrears of rent for the period between 01.07.1993 to 30.04.2001 were directed to be paid within 15 days from the date of the order. It was further directed that the provisional rent determined be paid in future month to month by the 15th of the following month. It appears that while the tenant was thus under an obligation to deposit the arrears of provisional rent by 24.05.2001, he did so only on or about 006.2001 without having sought and allowed extension of time by the trial court.

(3.) The landlord in the circumstances latching on to the failure of the tenant to deposit arrears of provisional rent within time moved an application under Section 13(5) of the Act of 1950 on 107.2005 praying that the tenant's defence to struck off under Section 13(5) of the Act of 1950.