RANGIT SINGH Vs. MANK CHAND

JUDGEMENT

(1.) ON 24. 5. 1980, the non-petitioner instituted a suit for eviction from his shop on grounds of default in payment of rent. The defendant was one Pratap Singh, who died during the pendency of the suit on 28. 1. 1981. The non-petitioner moved an application for bringing on record the legal repr- esentatives of deceased Pratap Singh and they were five sons and one widow. ON 23. 1. 1982, the Court passed an order to bring on record only one of the legal-representatives as mentioned in the application and Uttamjit Singh came to be substituted with the consent of the parties. Thereafter, he filed his written statement and the provisional rent was determined under Section 13 (3) of the Rajasthan Premises (Control of Rent and Eviction Act) on 21. 5 1982. It may be mentioned that the rent determined by Court was not deposited by Uttamjit Singh.

(2.) ON 24 2. 1983, the present petitioner Ranjit Singh, who is also a son of Partap Singh moved an application for being made a party on the ground that he was also carrying on his business on the shop which was rented out to Pratap Singh and he was also his heir and should be made a party. This application was allowed on 6. 13. 1983, and he filed a written-statement on 8 2. 1935. In the meantime on 27. 9. 1982, the non - petitioners moved an application under Section (13) (5) of the Act for striking out the defence of the tenant as he had failed to comply with the order passed by the Court under Section 13 (3) of the Act. This application has been accepted by the learned Munsif, by his order dated 26. 3. 1984, and has been confirmed in appeal by the Additional District Judge No. 2, Kota, by order dated 30. 9. 1986. Against this decision the petitioner has come up in this revision.

(3.) THIS revision fails and is accordingly dismissed. .