ROOP NARAIN Vs. MURTI MANDIR SITA RAMJI

JUDGEMENT

(1.) THIS is a civil second appeal against the judgment and decree dated 27.5.1981 passed by Shri M.A. Khan RHJS, Addl. District Judge No. 1, Alwar in civil first appeal No. 59/59.

(2.) THE first appellate Court has granted decree for eviction on the ground of default of tenant in payment of rent under Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act. Both the Courts has not accepted plea of personal necessity of landlords. The disputed property is of Deity and the plaintiff claims to be landlord as Pujari.

(3.) MR . Lodha appearing for the landlord argued that as there was no dispute about the rate of rent payable to the plaintiff, therefore, sub-sections (3) to (6) are not applicable. He further argued that as Section 13-A came to force during the pendency of the suit, sub-section (5) of Section 13 became redundant. It was also argued that the order of striking off the defence was not challenged in appeal by the tenant and therefore, it became final.