KEDAR NATH GUPTA Vs. BISHAN DAS

JUDGEMENT

(1.) THIS revision petition is directed against the order of Additional District Judge No. 1, Alwar, dated 12th April, 1979 whereby he dismissed the applications dated 29th March, 1978 and 7th February, 1979, of the plaintiff petitioner for striking out the defence of the defendant-respondent against eviction.

(2.) THE plaintiff-petitioner filed a suit for ejectment of a shop on the ground of default in the payment of rent for more than six months and reasonable and bona fide necessity in the court of Munsif Alwar on 9th December, 1972. THE defendant non-petitioner filed an application under sec. 13 (4) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950. (hereinafter called 'the Act' ). THE learned Munsif vide his order dated 10th February, 1973, determined the amount of rent and directed the defendant to deposit the same in court or to pay to the plaintiff within 10 days and to pay the subsequent rent month by month by the 15th of each succeeding month. During the pendency of the suit the Act was amended by Amending Ordinance No. 26 of 1975 which was later on replaced by the Amending Act No. 14 of 1976, whereby a new Sec. 13a was inserted. THE defendant moved an application under sec. 13a of the Amending Ordinance and the trial Court determined Rs. 59. 25 p. to be deposited by the defendant. THE defendant deposited the said amount in pursuance to the order of the Court. THE learned trial Court thereafter dismissed the plaintiff's suit on 13th November, 1976. THE plaintiff preferred an appeal before the learned District Judge, Alwar which was transferred to the Additional Judge No. 1, Alwar for its disposal. During the pendency of the appeal the plaintiff appellant moved an application on 29th March, 1978 under sec. 13 (5) of the Act that in pursuance of the trial Court's order dated 10th February, 1973, the defendant having not deposited the rent by the 15th of each succeeding month, his defence is liable to be struck off. Another application was moved on 7th February, 1979 to the same effect. THE learned Additional District Judge dismissed both the applications by his impugned order dated 12th April, 1979. Hence this revision.