KESARDEVI Vs. RAMESHWARLAL

JUDGEMENT

(1.) THIS is an appeal by the landlord in a suit for eviction and recovery of arrears of rent.

(2.) THE dispute relates to a shop situated in the town of Rajgarh, District Churu. The plaintiff let out this shop to the defendant on annual rent of Rs. 400/ -. The defendant paid rent of the shop up to June 1961. No rent was paid thereafter by the defendant. The plaintiff, therefore, issued notice terminating the tenancy and brought the suit on 8.4.1966 for eviction and claim -ed arrears of rent for the past three years amounting to Rs. 1200/ -. It may be mentioned here that on the date, the suit was instituted by the plaintiff the Rajasthan Premises (Control of Rent and Eviction) Act 1950 was not made applicable to the town of Rajgarh. But during the pendency of the suit on 30.3.1967 the said Act was made applicable to Rajgarh town. The defendant contested the suit on various grounds which would be clear from the following issues framed by the trial court: .........[vernacular ommited text]...........

(3.) IT is against this decree that the plaintiff has preferred this appeal and the respondent has filed cross -objection. The main ground at the time of filing the appeal was that the lower appellate court should have passed a decree for eviction on the basis of default committed by the defendant in payment of rent under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, as it was proved that the defendant had neither paid nor tendered rent for a period more than six months. But fortunately for the defendant that ground is no longer available to the plaintiff. During the pendency of the appeal in this Court the Rajasthan Premises (Control of Rent and Eviction) Act was amended on 29 -9 -1975 by Ordinance No. 26/1975. This Ordinance was later on adopted by the Legislature in the form of Amendment Act No. 14 of 1976. In pursuance of the new amendment, the defendant moved an application under Section 13A(b) of the amended Act for determination of arrears of rent, interest thereon and costs of the suit. This Court vide its order dated 8 -7 -1976 determined the rent as provided under Section 13A(b) and directed the defendant to pay or deposit the determined amount within one month. The defendant deposited the amount in court within the pressed time.