CHHANGA MAL Vs. DHANRAJ

JUDGEMENT

(1.) THIS civil second appeal under Section 100 C.P.C. is directed against the judgment and decree dated 24.7.1993 passed by Additional District Judge No. 2, Jodhpur (for short "the first appellate court" hereinafter) in Civil Appeal Decree No. 139/1992, whereby the appeal filed by the appellant - defendant against the judgment and decree dated 22.5.1987 passed by Additional Munsif No. 1, Jodhpur (for short "the trial court" hereinafter) in Civil Original Suit No. 181/1984, came to be dismissed.

(2.) I have heard learned Counsel for the parties. Carefully gone through the judgments and decree of the trial court as well as of first appellate court. I have also gone through the record of the trial court.

(3.) LEARNED Counsel for the appellant failed to show from the record that the appellant either tendered or paid the rent continuously and has not committed default in payment of rent. The only contention raised by learned Counsel for the appellant is that though the appellant -defendant defaulted in payment of rent but that being his first default so far as the appellant -defendant is concerned, he may be extended the benefit of Section 13(6) of the Old Rent Act. In my view, this contention cannot be accepted for the reason that the benefit under Section 13(6) of the Old Rent Act is available to the tenant and once the tenant has already availed that benefit, even the tenant in succession is bound by such availing of benefit, in this view of the matter, I do not find any merit in the appeal.