TAHAL RAM Vs. JASHODA DEVI

JUDGEMENT

(1.) The defendant-petitioner (tenant) has filed this revision under Section 115 C.P.C. against the judgment (order) of the Additional District Judge No. 1, Jodhpur dated July 20, 1978 by which he confirmed the order of the Additional Munsiff Magistrate No. 1, Jodhpur dated January 3, 1978.

(2.) The material facts are these : the plaintiff-non-petitioner (landlord) instituted a suit for eviction and arrears of rent against the defendant on December 1, 1972. The ejectment was sought on the grounds of default and reasonable and bonafide necessity. The defendant resisted the suit on various grounds. In the first written statement, which was filed on October 13, 1973 it was stated that the defendant has not committed any default in payment of rent and that the plaintiff did not require the shop in suit reasonably and bonafide for herself and her husband. It was also pleaded that the standard rent of the shop in suit could only be 15/- per month and as the plaintiff had been realising the rent from the defendant @ Rs. 75/- per month, the defendant is entitled to get the excess rent paid by him, adjusted towards the rent of the subsequent month.

(3.) The first date of the hearing, fixed in the suit, was February 28, 1973. On that day, the petitioner submitted an application under Section 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act'). It was prayed in that application that the rent of the shop may be determined @ Rs. 15/- per month. In that application, it was also mentioned that the rent is not due from August 1, 1971 but is due from January 1, 1972. The plaintiff opposed the application and filed her reply on April 7, 1973. It may be mentioned here that the plaintiff has claimed rent from August 1, 1971 to August 31, 1972 @ Rs. 75/- per month amounting to Rs. 975/-, and damages for use and occupation from September 1, 1972 to November 30, 1972 @ Rs. 75/- which comes to Rs. 225/-. Interest on the amount which has fallen in arrears, was claimed @ 6% p.a. amounting to Rs. 45/-.