RAMAVTAR & ANR. Vs. RADHEYSHYAM & ANR.

JUDGEMENT

(1.) This revision petition has been preferred against the order of learned Additional District Judge, Rajgarh dated 2.5.1997 by which he confirmed the order of learned Civil Judge (JD) Rajgarh dated 1.10.1996.

(2.) I have heard the learned counsel for both the parties at length.

(3.) Plaintiff Radheyshyam filed a suit for arrears of rent and eviction against defendants petitioners on the ground of reasonable bonafide necessity and default in payment of rent. It was averred in the plaint that the disputed shop was given on rent of Rs. 62/- per month to the defendants. Since the suit was based on the ground of default, the trial court vide order dated 27.10.1987 determined interim rent under the Rajasthan Premises (Control of Rent and Eviction), Act (hereinafter referred as 'the Act') for the period from 1.5.85 to 30.9.87 at the rate of Rs. 62/- per month totalling to Rs. 1798.00 and interest Rs. 131.95, in all Rs. 1929.95. An application was moved under Sec. 13(5) of the Act by the plaintiff on 21.7.92 that the rent was not deposited by the defendants as such their defence against eviction was liable to be struck off. It was contested by the defendants and it was replied that the rent for 92 months was deposited and no default was committed. The defendants also filed an application under Sections 151 and 152 Code of Civil Procedure with the prayer that the rent deposited by the tenant for the years 1988, 1989 and 1990 may be adjusted as the same is lying in excess. Prior to it the defendants had already moved an application for adjustment of the excess of the rent on 26.11.87 but the same was dismissed as not pressed on 1.12.89. The trial court after hearing arguments by order dated 1.10.96 ordered striking out of the defence of the tenants. Aggrieved by this order an appeal was preferred before the learned Additional District Judge who vide impugned order rejected the appeal and confirmed the order.