REKHA MEHTA Vs. RAMPYARI

JUDGEMENT

(1.) This revision petition has been filed against the order dated 30.4.2013 passed by Addl. District Judge No. 1, Ajmer in Civil Misc. Appeal No. 63/2009, whereby the appeal filed by the respondents-defendants (hereinafter referred to as 'the defendants') has been allowed and the judgment dated 15.5.2009 passed by Addl. Civil Judge (Jr. Division) No. 6, Ajmer in Civil Suit No. 145/2000 allowing the application of the petitioner-plaintiff (hereinafter referred to as 'the plaintiffs') and striking off the defence of the defendants has been quashed and set-aside.

(2.) Facts of the case are that the plaintiff filed a suit against the defendants before the Trial Court for eviction and recovery of rent. During the pendency of the suit, the plaintiff filed an application under Section 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act of 1950') stating that the defendants had not deposited the due rent within the given time with the Trial Court, as such their defence be struck off. The Trial Court vide its order dated 17.8.2001 determined the rent of the suit property @ Rs. 20/- per month which was found due for 133 months. Thus, the total amount found due was Rs. (133 X 20) = 2660.00 and after adding the interest thereon, a sum of Rs. 3537.80/- was found due on the defendants towards rent. It was directed by the Trial Court to the defendants to pay the aforesaid due amount. However, a note was put below the order dated 17.8.2001 that the rent already deposited by the defendants in the Court would be set off and adjourned the matter for framing the issues. Against the order dated 17.8.2001 passed by the Trial Court, the defendants filed an appeal before the Appellate Court. The Appellate Court i.e. District Judge, Ajmer vide its judgment dated 24.9.2002 found that the amount of rent so determined by the Trial Court was provisional, as such no illegality could be said to have occurred in the order passed by the Trial Court. Whether the interest was payable thereon or not and if payable, to what extent it was payable, could be decided at the time of final disposal of the suit. Accordingly the Appellate Court dismissed the appeal filed by the defendants vide its judgment dated 24.9.2002 aforesaid.

(3.) Thereafter the defendants on their own deposited only Rs. 715/- only and did not deposit the balance amount of Rs. 2822.80/-. In this view of the matter, the plaintiff filed an application under Section 13 (5) of the Act of 1950 for striking off the defence of the defendants. The defendants filed reply thereto stating that they had already deposited the rent of 100 months. Therefore, after deducting the amount of 100 months @ Rs. 20/- per month i.e. Rs. 2000 as also the interest accrued thereon (Rs. 822.80/-), the difference amount of Rs. 715/- (for 33 months) was deposited by them.