BHANWAR LAL Vs. CHANDRA KANTA

JUDGEMENT

(1.) THIS is a revision application by the defendant against an appellate order of the Additional District Judge No. 1, holding that the provision of sec. 13 (4) is applicable to the present suit so far as the eviction on the ground of default is concerned and the provision of sec. 13 A is not applicable because it was open to the defendant to get benefit under sec. 13 (4 ). The trial court held that sec. 13 A was applicable.

(2.) THE suit for recovery of arrears of rent and eviction was filed on 8-3-65. Summons on the defendant-applicant was served on 26-3-65 and the first date of hearing was 16-7-65. On 9-6-65 the Rajasthan Premises (Control of Rent & Eviction) Amendment Act 12 of 1965 came into force in which two provisions were incorporated relating to a suit for eviction based on the ground of default. One was contained in s. 13 (4) and the other was contained in s. 13 A. THE provision in sec. 13 (4) was general and was to apply to all suits. THE provision under sec. 13 A was a special provision relating to pending suits. Under s. 13 (4) the tenant has to deposit the arrears of rent due upto the date of deposit and to deposit future rent month by month till the disposal of the suit. If there is a default in this then the defence against eviction is struck off. Sec. 13 A is a special provision relation to pending suits. Under this provision the defendant has to apply to the court within 30 days of the coming into force of the Amendment Act i. e. by 8-7-65. THE defendant has to make an application for the determination of arrears of rent due up to date and he is required to deposit these arrears. He is not required to deposit rent from month to month.