YOGENDRA SHARMA Vs. NARAIN DAS

JUDGEMENT

(1.) A learned Judge of this Court, has by his order dated March 19, 1986, observed that there appears to be a conflict of opinion between judges sitting singly and it has become necessary to constitute a larger bench to resolve this conflict. Upon this order a larger bench has been constituted and it has come up before us to answer the questions which have been framed by the learned Single Judge. The points, which have been referred are as under :

(2.) A few facts may be looked into. Narain Das respondent No. 1 instituted a suit for rent and eviction against Shri Ram Gopal Sharma (since deceased), who is represented by his legal representatives, who are the appellant and the proforma respondent on the ground of defaults in payment of rent and for recovery of water and electricity charges. The tenant claimed that he had deposited the rent and also alleged that water and electricity charges had been paid to the landlord. The trial Court, namely the Addl. Munsif, Ajmer (East), on an application moved by the tenant under Section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act (hereinafter referred as the ('Act'), provisionally determined rent on 16.11.1976. This amount was deposited by the tenant within time as extended by the Court. Thereafter, the landlord alleged that the tenant had not deposited rent month by month as was to be done under the second part of Section 13(4) of the Act, and his defence against the eviction was liable to be struck out. This application was refused by the trial Court but on appeal, the Additional Civil Judge accepted the same and the defence of the tenant against the eviction was struck out, by order dated 9.11.1982, S.B. Civil Revision No. 20/1983, preferred against this order was dismissed by this Court on 18.5.1983. Thereafter the trial Court examined witnesses and after hearing the parties, decreed the landlords' suit for eviction on the ground that the tenant had committed default in payment of rent and was liable to be evicted. This decree dated 15.12.1983, was confirmed in appeal by the Additional Civil Judge No. 2, Ajmer, by his judgment dated 8.2.1986. The defendant tenants preferred a second appeal before this Court and it is in the proceedings in the second appeal that the above points have been referred to this larger bench.

(3.) THE tenant shall deposit in Court or pay to the landlord the amount determined by the Court under sub-section (3) within fifteen days from the date of such determination, or within such further time, not exceeding three months, as may be extended by the Court. The tenant shall also continue to deposit in Court or pay to the landlord, month by month the monthly rent subsequent to the period upto which determination has been made by the fifteenth of each succeeding month or within such further time, not exceeding fifteen days, as may be extended by the Court, at the monthly rate at which the rent was determined by the Court under sub-section (3).