GANPATLAL Vs. INDERMAL

JUDGEMENT

(1.) This second appeal by the defendant-tenant arises out of a suit brought by the plaintiff-respondent for eviction and recovery of arrears of rent in respect of a shop situated at Pratapgarh admittedly let out to the defendant on the monthly rent of Rs. 9. The plaintiff sought eviction of the defendant from the suit premises on three grounds :

(2.) Dissatisfied with the said judgment and decree the defendant-tenant preferred an appeal before the District Judge, Pratapgarh who affirmed all the findings arrived at by the trial Court and dismissed the appeal. The defendant tenant has now preferred this second appeal.

(3.) During the pendency of the appeal in this Court, the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 was amended by Ordinance No. 26/1975. This Ordinance was subsequently adopted by the Legislature in the form of Amendment Act, the tenant moved an application for determination of arrears of rent, interest thereon and costs of the suit. The Court vide its order dated 10.5.1976 determined the amount and directed the defendant to pay the determined amount on or before July 12, 1976. The defendant paid the determined amount within the prescribed time. Section 13A(b) provides that on such payment being made within the time fixed by the Court the proceedings shall be dismissed as if defendant had not committed any default. In view of the above provision of law, the decree for eviction based on default of payment of rent cannot be sustained.