MOHAN LAL Vs. LAKHE KHAN

JUDGEMENT

(1.) THIS revision application has been filed by the defendant -tenant from an order of the Additional District Judge No. 2, Jodhpur dated 17 -7 -1969 by which the learned Judge upheld the order of the Additional Munsiff -Magistrate No. 1, Jodhpur dated 18 -1 -1969 whereby the defence of the defendant was struck out under Section 13(6) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act').

(2.) THE non -petitioner Lakhe Khan filed the suit out of which this revision applicatian arises on 4 -7 -1967 against the petitioner for ejectment from the premises in question inter alia on the ground that the defendant had neither paid nor tender - the amount of rent due from him for more than six months. On 12 -9 -1967 the defendant -petitioner made an application under Section 13(4) of the Act on which the Court passed an order on 20 -12 -67 directing the defendant to deposit the arrears of rent, along with interest thereon at the rate of 6% per annum. The defendant actually deposited the arrears of rent in the Court as also the interest and the costs of the suit, Rs. 783/ - on 20 -11 -1967, but did not deposit month to month rent thereafter as provided in Section 13(4) of the Act. Consequently on 8 -11 -1968 the non -petitioner filed an application under Section 13(6) of the Act praying that since the defendant -tenant has not deposited month to month rent as provided in Sub -section (4) of Section 13 of the Act his defence against eviction be struck out. This application was allowed and the Learned Munsiff struck out the defendant's defence against eviction. The defendant consequently filed an appeal in the Court of District Judge, Jodhpur which was transferred to the Court of Additional District Judge No. 2, Jodhpur For disposal. As already stated above the defendant was unsuccessful in the appeal and has consequently come in revision to this Court.

(3.) LEARNED Counsel for the respondent has however contended that whenever a landlord brings a suit on the ground of non -payment of rent by the tenant for a period of more than six months with or without any of the other grounds referred to in Section 13(1), it is obligatory on the part of the defendant to make an application under Section 13(4) if he wants to save himself from eviction on the ground of default, and also to comply with the conditions laid down in Section 13(4) thereafter. His contention is that if the tenant fails to comply with the provisions of S, 13(4), then the Court has no option but to strike out his defence as provided in Sub -section (6) of that section. He submitted that there is no question of that ground on the part of the plaintiff -landlord in view of the statutory obligation imposed upon the tenant by virtue of Sub -sections (4) and (6) of Section 13 of the Act.