KANHAIYA LAL Vs. ANAND KANWAR BAI

JUDGEMENT

(1.) THIS is defendant -tenant's second appeal in a suit for arrears of rent and ejectment.

(2.) THE case of the plaintiff is that defendant was a tenant in the suit premises on a monthly rent of Rs. 20/ -. He committed default in payment of rent and, therefore, the suit was filed on 14 -9 -1973 by the plaintiff being suit No. 55/73 on the ground of default in payment of rent for 25 months. Since the defendant deposited the arrears of rent under Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, l950, (here in after to be referred as 'Rent Control Act') the suit was dismissed on 28 -6 -1978. It is alleged in the plaint that the defendant paid rent only upto May, 1978 and did not pay any rent thereafter. The present suit was filed on 24 -3 -1979 on the ground of default in payment of rent for nine months and also on the ground of reasonable and bonafide necessity.

(3.) THE suit was contested by the defendant. It was submitted that the earlier suit was also filed with an ulterior motive of getting the rent increased and after dismissal of the suit, the plaintiff stopped accepting rent from the defendant and. therefore, defendant sent money orders to the plaintiff which were also refused. Therefore, the defendant did not commit any default in payment of rent. It was further asserted that there was no reasonable and bonafide necessity for getting the premises vacated.