JAGDISH KUMAR Vs. ROOPCHAND

JUDGEMENT

(1.) THIS is a revision application by the defendants against an appellate order of the District Judge, Kota, confirming an order of the Munsif, Kota, striking out their defence under sec. 13(6) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950.

(2.) THE plaintiff filed the present suit for eviction inter alia on the ground of default on 20-3 67. On the first day of hearing the court passed an order under sec. 13(4) determining the arrears of rent payable upto date together with interest and the amount was duly deposited by the defendants in court on the same day. But the defendants were required under sec 13(4) to continue to deposit or pay month by month by the 15th of each succeeding month a sum equivalent to the rent at the rate at which it was paid in the past. THE defendants committed default in paying or depositing rent for the months of May 1967 and November, 1967, and therefore their defence was struck out.