Skip to content


Partapchand Vs. Ram Swaroop and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtRajasthan High Court
Decided On
Case NumberCivil Revn. Petn. No. 231 of 1968
Judge
Reported inAIR1973Raj22; 1972()WLN498
ActsRajasthan Premises (Control of Rent and Eviction) Act, 1950 - Sections 19A and 19B
AppellantPartapchand
RespondentRam Swaroop and ors.
Advocates: D.P. Gupta, Adv.
DispositionApplication allowed
Excerpt:
.....or deposit of rent at this stage.;it is not for the court in which the rent is deposited to hold whether the tender was made within time or whether the deposit is valid within the meaning of section 19b. that will only be determined by the court when a suit for ejectment on the basis of default is filed. all that the court in which the deposit is made required to do is to get the rent deposited and to issue notice to the landlords. - - and a copy of such notice shall be affixed on the notice board of the court (6) if an application is made for the withdrawal of any deposit of rent, the court shall, if satisfied that the applicant is the person entitled to receive the rent deposited, order the amount of the rent to be paid to him and such payment of rent shall be a full discharge of..........of rent, the court shall, if satisfied that the applicant is the person entitled to receive the rent deposited, order the amount of the rent to be paid to him and such payment of rent shall be a full discharge of the court from all liability to pay rent to the landlord: provided that no order for payment of any deposit of rent shall be made by the court under this sub-section without giving all persons named by the tenant in his application under sub-section (3). as claiming to be entitled to payment of such rent, an opportunity of being heard and such order shall be without prejudice to the rights of such persons to receive such rent being decided by a court of competent jurisdiction. explanation :-- for the purpose of this section and sections 19-b and 19-c. 'the court' with.....
Judgment:
ORDER

Jagat Narayan, C.J.

1. This is a revision applica-tion by Partapehand, tenant of a house, owned by the respondents, against an appellate order of the Senior Civil Judge No. 2. Jaipur City, confirming an order of Munsif East. Jaipur City, on an application under Section 19-A of the Raiasthan Premises (Control of Rent and Eviction) Act, 1950. The rent of the house is Rs. 60/- per month. The respondents filed a suit for recovery of arrears of rent and for ejectment on the ground of default, which was dismissed on 25-2-1966 after the applicant had made deposit under Section 13-A up to 31-12-1965.

2. The applicant sent rent for January and February 1966 by money order to the respondents, but they did not accept it. On 6-5-1966 he filed an application under Section 19-A (3) for depositing the rent for the months of January, February. March and April 1966. This rent was deposited on 8-6-1966 on the orders of the Court. Notice was issued to the respondents who filed a reply on 3-10-1966 that the deposit was not made within fifteen days of the expiry of each month and was. therefore, invalid. The trial Court accepted this contention and rejected the application. This order was confirmed by the appellate Court Sections 19-A to 19-D run as follows :--

'19-A. Deposit of rent by tenant :--(1) Every tenant shall pay rent within the time fixed by contract or in the absence of such contract, by the fifteenth day of the month next following the month for which it is payable.

(2) Where the landlord does not accept any rent tendered by the tenant within the time referred to in Sub-section (1) or where there is bona fide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the Court and such deposit of rent shall be a full discharge of the tenant from the liability to pay rent to the landlord.

(3) The deposit shall be accompanied by an application by the tenant containing the following particulars, namely :--

(a) the accommodation for which the rent is deposited with a description sufficient for identifying the premises;

(b) the period for which the rent is deposited;

(c) the name and address of the landlord or the person or persons claiming to be entitled to such rent;

(d) the reasons and circumstances for which the application for depositing the rent is made.

(4) The application referred to in Sub-section (3) shall bear a court-fee stamp of Rs. 2/- and shall be accompanied by requisite postal stamps for sending the notice and a copy of application under Sub-section (5).

(5) On such deposit of the rent being made, the Court shall send notice of the deposit by registered post acknowledgement due and also send a copy or copies of the application to the landlord or persons claiming to be entitled to the rent with an endorsement of the date of deposit; and a copy of such notice shall be affixed on the notice board of the Court

(6) If an application is made for the withdrawal of any deposit of rent, the Court shall, if satisfied that the applicant is the person entitled to receive the rent deposited, order the amount of the rent to be paid to him and such payment of rent shall be a full discharge of the Court from all liability to pay rent to the landlord:

Provided that no order for payment of any deposit of rent shall be made by the Court under this sub-section without giving all persons named by the tenant in his application under Sub-section (3). as claiming to be entitled to payment of such rent, an opportunity of being heard and such order shall be without prejudice to the rights of such persons to receive such rent being decided by a Court of competent jurisdiction. Explanation :-- For the purpose of this section and Sections 19-B and 19-C. 'the Court' with respect to any local area means any Civil Court which may be specially authorised by the State Government by notification in this behalf, or where no Civil Court is so authorised. :--

(i) the Court of the Munsif, and

(ii) the Court of the Civil Judge, where there is no Court of Munsif having jurisdiction over the area.

19-B. Time for deposit and effect of deposit made within time :-- No rent deposited under Section 19-A shall be considered to have been validlv deposited under that section, unless the deposit is made within Fifteen days of the time referred to in Sub-section (i) of that section for payment of the rent: and the deposit made within the time aforesaid shall constitute payment of rent, to the landlord, as if the amount deposited had been validly tendered.

19-C. Saving as to expenses of rent and forfeiture of rent in deposit :-- (1) The withdrawal of rent deposited underSection 19-A in the manner provided therein shall not operate as an admission against the person withdrawing it of the correctness of the rent, the period of default, the amount due, or of any other facts stated in the tenant's application for depositing the rent under the said section.

(2) Any rent in deposit which is not withdrawn by the landlord or bv the persons entitled to receive such rent shall be forfeited to Government by an order made by the court, if it is not withdrawn before the expiration of three years from the date of posting of the notice of deposit.

(3) Before passing an order of forfeiture the court shall give notice to the landlord or the person or persons entitled to receive the rent in deposit by registered post acknowledgment due at the last known address of such landlord or person or persons and shall also publish the notice on the notice board of the court and if the amount of rent exceeds one hundred rupees shall also publish it in any local newspaper.

19-D. Waiver of default :-- When there is no proceeding pending in the court for the recovery of possession of the premises, the acceptance of rent, in respect of the period of default in payment of rent, by the landlord from the tenant shall operate as a waiver of such default.'

A perusal of the above four sections goes to show that it is not for the court in which the rent is deposited to hold whether the tender was made within time or whether the deposit is valid within the meaning of Section 19-B. That will only be determined by the Court when a suit for ejectment on the basis of default is filed. All that the court in which the deposit is made is required to do is to get the rent deposited and to issue notice to the landlords. If they withdraw the rent so deposited they may do so. If they do not withdraw it then it will remain in deposit till it is forfeited to Government under Section 19-C (2).

3. I accordingly allow the revision application and set aside the orders of the courts below rejecting the application. The rent deposited by the applicant shall remain in deposit till it is withdrawn by the landlord or is forfeited to Government by an order of the Court on the expiration of three years factm the date of posting of the notice-of deposit.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //