J K MOTORS Vs. BHAGWATI NARAIN

JUDGEMENT

(1.) THE short point involved in this revision is that delay of 10 days condoned by the trial court in depositing the amount under section 13 clause (3) of the Rajasthan Premises (Control of Rent and Eviction) Act was reversed by the first appellate court. It is common ground that the delay was not more than 10 days and under the law the court is competent to condone the delay of 15 days. It is also well established according to the judgment of Jagannath Vs. Jodha Ram (1) that in matters of deposit of rent the delay upto 15 days is to be condoned normally. Para 23 reads as under:- "the revision deserves to be accepted, on yet another ground. When the legislature has allowed discretion to court to allow maximum 3 months time under sec. 13 (4) of the Act for depositing the amount of arrears of rent, the court should not be conservative and strict, by depriving tenant of this benefit for doing social justice. Unless in a given case, exceptional reasons warrant, it invariably and generally the court should allow maximum time by extending it on the slightest bonafide ground. " THE above principle as deduced only goes to show that unless for exceptional reasons, invariably and generally the court should allow maximum time by extending it on the slightest bonafide ground.

(2.) IN the present case the trial court from the copies of the challan inferred that the ground given by the tenant in his application was just and bonafide. The first appellate Court reversed it.