KISHAN LAL Vs. KAMLA DEVI SHARMA

JUDGEMENT

(1.) THIS revision application arises from an order passed by the learned District Judge, Alwar dated August 24, 1977 in the matter of striking of the defence of the defendant in a suit for ejectment.

(2.) THE facts leading to the filing of this revision application may be briefly stated :

(3.) BUT, in the present case, the defendant applied for time for making the deposit of arrears of rent which was allowed and as a matter of fact the defendant did comply with the order passed under the unamended provisions of sub-sec. (3) of sec. 13 of the Act. Thus, if the suit would not have been dismissed for default, then there would have been no question of any arrears of rent being due from the defendant, as all arrears of rent had already been deposited by the defendant tenant on or before July 22, 1974, as directed by the trial court. What the defendant was required thereafter to do was only to deposit the rent month by month. BUT after the restoration of the suit, the defendant not only failed to deposit the amount of rent which had become due between March 1975 and April 1976, but he further failed to pay or deposit even the rent for the month of April 1976 which should have been paid or deposited on or before 15th of May, 1976, nor the rent for the subsequent months was deposited by the defendant within 15 days of its falling due. Thus, I find neither law nor equity in favour of the petitioner in the present case. Thus, the trial court was right in refusing to accept the request of the defendant for determination of arrears of rent again, after the restoration of the suit and the plea of the defendant in this regard was rightly not entertained. As I have already observed above that once an order having been passed under sub-sec. (3) of sec. 13 of the Act, there was no necessity for the court to pass a fresh order under the very same provision, after the amendment thereof.