LAWS(RAJ)-1989-9-33

FIRM MOHAN LAL RAM SWAROOP Vs. RAJKUMAR

Decided On September 21, 1989
FIRM MOHAN LAL RAM SWAROOP Appellant
V/S
RAJKUMAR Respondents

JUDGEMENT

(1.) This revision petition is directed against the order of Additional District Judge, Sikar dated 25-7-86 whereby the learned Additional District Judge allowed the appeal and set aside the order of Additional Munsif and Judicial Magistrate, Ist Class, Sikar dated 1-5-84. The learned Additional Munsif rejected the plaintiff-respondent's application dated 4-2-84 u/s. 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 for striking out the defence. A few facts may briefly be noted.

(2.) The trial Court determined the provisional rent u/s. 13(3) on 29-3-1978. The order reads as under:-

(3.) The tenant continued to deposit rent in compliance of the aforesaid order according to English Calendar month. It would appear from the above order that the rent was determined up to 31-3-1978 to the tune of Rs. 760/ - and it was directed that this amount shall be deposited by the defendants within fifteen days. It was also directed that if any rent has been deposited earlier u/s. 19(A) the same shall be deducted and the balance amount shall be deposited. It was also directed that rent of subsequent months shall be deposited on the 15th date of every succeeding month. The word used is `Tarikh' i.e. date.