YAR MOHAMMAD Vs. ROSHAN LAL

JUDGEMENT

(1.) This is a second appeal under Section 100, CPC against the judgment and decree of the learned Civil Judge, Udaipur dated September 25, 1973.

(2.) The facts of the case, in brief, are that Roshanlal filed a suit against Yar Mohammad for ejectment on the grounds of personal necessity and default in payment of rent. The learned trial Court decreed the suit of the plaintiff on January 5, 1973, holding that the defendant has committed default in payment of rent, and as such, he is liable for ejectment. The defendant, feeling aggrieved against the judgment and decree passed by the learned trial Court, filed an appeal before the learned Civil Judge, Udaipur. The appeal was also dismissed on September 25, 1973, and it was held that the defendant did commit default and is, therefore, liable for ejectment. In this second appeal, it has been strenuously argued that there has been no default in payment of rent and that the interpretation put up by the learned lower Courts on the provisions of Section 7(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter to be referred to as the Act), is wholly incorrect. It was further contended that, in the alternative, after the coming into force of the Ordinance, an application under Section 13-A of the Act was also moved on October 28, 1975.

(3.) It was contended on behalf of the appellant that an application for fixation of standard rent was moved. The rent was provisionally determined. the rent so determined was deposited by the tenant regularly before the 15th of the following month. The lower Court, however, held that in view of Section 7(4) of the Act, the provisional rent ought to have been paid and not deposited in the Court. It has been contended on behalf of the appellant that this interpretation of law is wholly unwarranted. In the alternative, it was contended that as an application under Section 13-A of the Act has already been moved within time, the question whether the rent ought to have been tendered or was deposited in the Court pales into insignificance.