KANHAIYA LAL Vs. SAMPAT RAJ KOTHARI

JUDGEMENT

(1.) SUBSTANTIAL question of law that involves in the instant second appeal is : "whether the remittance of rent in this case by the tenant on October 7, 1978 by postal money order is a valid within the ambit of Section 13 (1) (a), Rajasthan Premises (Control of Rent and Eviction Act) 1950 read with section 19-A of the said Act?"

(2.) THE appellant is the tenant and the respondent is the land lord. THE suit for eviction instituted by the land lord on the ground of second default in payment of rent was decreed by the learned Additional Munsif and Judicial Magistrate, First Class, Ajmer City (West) Ajmer vide judgment and decree dated March 30, 1981.

(3.) SECTION 13 (1) (a) of the Rent Act provides that decree for eviction shall be passed against the tenant if the tenant has neither paid nor tendered the amount of rent due from him for six months to the land lord.