GANESH LAL Vs. LADU RAM

JUDGEMENT

(1.) THE genesis of controversy in this revision relates to the order dated January 16, 1997 of the learned Additional District Judge No. 3, Jaipur City whereby appeal preferred by the defendant petitioner (for short the tenant) was dismissed and the order dated 22. 2. 1996 passed by the learned Additional Civil Judge (Sr. Division) No. 3, Jaipur City determining the provisional rent under Sec. 13 (3) of the Rajasthan Premises Control of Rent and Eviction Act, 1950 (for short the Act) was confirmed.

(2.) THE plaintiff non-petitioner (for short the land lord) instituted a suit on March 29, 1995 for eviction against the tenant on the ground of bonafide personal necessity and default in making payment of rent. Admittedly no relief in respect of recovery of arrears of rent was sought in the plaint. For the purpose of eviction the suit was valued at Rs. 35,100/- (on twelve months' rent at the rate of Rs. 2925/- per month ). In para 6 and 7 of the plaint the land lord pleaded that rent was due against the tenant since December 1993, therefore the tenant committed default in making payment of rent.

(3.) AT this juncture it is necessary to advert to the statutory provisions of Section 13 (3) of the Act, which provides thus- "in a suit for eviction on the ground set forth in clause (a) of sub-section (1) with or without any of the other grounds referred to in that sub-section, the court shall, on the first date of hearing or on any other date as the court may fix in this behalf filing of the written statement and shall be before the framing of the issues, after hearing the parties and on the basis of material on record provisionally determine the amount of rent to be deposited in court or paid to the land lord by the tenant. Such amount shall be calculated at the rate of rent at which it was last paid or was payable for the period for which the tenant may have made default including the period subsequent thereto upto the end of the month previous to that in which such determination is made together with interest on such amount calculated at the rate of six percent per annum from the date when any such amount was payable upto the date of determination; Provided that while determining the amount under this sub-section the court shall not take into account the amount of rent which was barred by limitation on the date of filing of the suit. "