PANNA LAL Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS is a miscellaneous appeal by one of the tenants against an order of remand passed by the appellante court.

(2.) THE plaintiff -landlords brought a suit for ejectment against Pannalal, appellant and the other tenant Sanwalsingh, respondent No. 14, on 3. 4. 65, on the ground of default in the payment of rent under Section 13(1)(a) of the Rajasthan. Premises (Control of Rent and Eviction) Act. Summons of the suit was served on Pannalal appellant on 7.5.65 and on Sanwalsingh, respondent, on 29.4.65. The date of first hearing in the suit was 28.7.65. On 9.6.65. Act No. 12 of 1965 came into force. By this Act Section 13 was amended and another Section 13 -A was added. Section 13 (4) runs as follows: In a suit for eviction on the ground set forth in Clause (a) of Sub -section (1), with or without any of the other grounds referred to in that sub -section, the tenant shall, on the first day of hearing or on or before such date as the court may, on an application made to it, fix in this behalf, or within such time, not exceeding two months, as maybe extended by the court, deposit in court or pay to the landlord an amount calculated at the rate of rent at which it was last paid, for the period for which the tenant may have made default including the period subsequent there to upto the end of the month previous to that in which the deposit or payments is made together with interest on such amount calculated at the rate of six percent per annum from the date when any such amount was payable up to the date of deposit and shall thereafter continue to deposit or pay, month by month, by the fifteenth of each succeeding month a sum equivalent to the rent at that rate.

(3.) ON 28.7.65 the tenants filed an application under Section 13(4) intimating that they were willing to deposit all the arrears of rent due to the landlords upto the date of the order of determination and praying that on payment of arrears of rent the suit against them may be dismissed. This, application was opposed on behalf of the landlords on the ground that Section 13A was applicable to the case as the suit was pending when Act No. 12 of 1965 came into force and an application should have been made by the tenants within one month of the commencement of the amending Act namely by 8.7.65 and as this was not done the court had to proceed with the suit and dispose of it on merits.