HAZARI LAL SEDHRAM Vs. SETH SURYAKANT MAHAVAR

JUDGEMENT

(1.) THIS revision petition has been filed against the judgment passed by the Additional District Judge, Alwar on 24. 11. 1982, by which the order of the trial court dated July 8, 1980 striking out the defence of the petitioner was upheld.

(2.) IT will suffice to state for he purpose of this revision petition that a suit for rent and eviction was filed by the plaintiff/non petitioner on the basis of default in payment of rent by the defendant petitioner from 1. 7. 76 to 30. 6. 79. The petitioner contested the suit. The trial court determined the rent on July 4, 1979 under sub sec. (3) of Sec. 13 of the Rajasthan Premises (Control of Rent and Eviction), Act 1950 (hereinafter referred to as "the Act") at Rs. 1722 and interest at Rs. 185, totalling to Rs. 1907, which was to be deposited by the petitioner. This amount was deposited by the petitioner but the monthly rent for the months of July, August and September, 1979 was deposited by the petitioner on 15. 10. 1980. The trial court, therefore, held that the petitioner committed default in payment of rent for the months of July and August, 1979. Therefore, the defence of the petitioner was struck out by the trial court vide its order dated 8. 7. 80.

(3.) I, therefore, do not find any error or infirmity in the impugned order dated November 24, 1982. Consequently, the revision petition is dismissed with costs. .