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Ghanshyam Vs. Bhagwan Das - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Second Appeal No. 379/1975
Judge
Reported in1976WLN(UC)96
AppellantGhanshyam
RespondentBhagwan Das
DispositionAppeal allowed
Excerpt:
.....(control of rent and eviction) act, 1950 - section 13a--tenant ready and willing to pay arrears of rent with interest end costs of the suit--field, judgment and decrees of both lower courts are liable to be set aside. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years -..........direct the tenant to pay the amount so determined within such time as it may deem proper from time to time but not exceeding 93 days in total. in case the amount is paid within the time fixed as aforesaid the court shall dispose of the suit as if the tenant has not committed any default. in case the amount is not so paid the court shall decree the suit for eviction. the payment that may have already been made by the defendant tenant shall be deducted from the amount determined by the court under section 13-a(1)(b). if any amount lying in deposit in any of the courts that amount shall also be deducted from the amount so determined and the amount so deposited shall be ordered to be pa d to the landlord. the concerned court is further directed to frame an appropriate issue in light of.....
Judgment:

M.L. Shrimal, J.

1. This is the defendant-tenant's second appeal arising out of a suit for ejectment of the premises situated at Deeg in District Bharatpur.

2. The ejectment was sought on the ground of bonafide, personal necessity and default in payment of rent. The trial court decreed the suit of the plaintiff by its judgment and decree dated November 29, 1973. The suit decreed on the ground of default in payment of rent, and the claim regarding bonafide personal necessity of the plaintiff was disallowed. The aggrieved tenant filed an appeal which came up for hearing before the Additional District Judge, Bharatpur, who by his judgment and decree dated July 4, 1975 dismissed the appeal and affirmed the judgment and decree filed by the trial court. Hence this second appeal.

3. The learned Counsel appearing on behalf of the defendant appellant has submitted an application on October 16, 1975 under Section 13A of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 as amended by Amending Ordinance No. 26 of 1975. The learned Counsel for the appellant baa urged that he is ready and writing to pay the arrears of rent along with interest and costs of the suit and as such the judgments and decrees passed by the two courts below are liable to be set aside. The learned Counsel for the respondent agrees to this position of law and further submits that the trial court my also be asked to frame an additional issue in light of the amendment of Section 14(2) of Act No. XVII of 1950 as amended by Act No. 14 of 1976.

4. The result is that the appeal is allowed. The judgments and decrees of the lower courts are set aside. The case is reminded to the trial com with a direction that it should determine the amount of rent in arrears upto the date of order to be passed by it as provided in Section 13A (1)(b) and also the amount of interest thereon at 6% per annum and costs of the suit. In determining the costs the landlord shall bi held entitled to the costs of all the there courts. Having determined the aforesaid amount it shall direct the tenant to pay the amount so determined within such time as it may deem proper from time to time but not exceeding 93 days in total. In case the amount is paid within the time fixed as aforesaid the court shall dispose of the suit as if the tenant has not committed any default. IN case the amount is not so paid the court shall decree the suit for eviction. The payment that may have already been made by the defendant tenant shall be deducted from the amount determined by the court under Section 13-A(1)(b). If any amount lying in deposit in any of the courts that amount shall also be deducted from the amount so determined and the amount so deposited shall be ordered to be pa d to the landlord. The concerned court is further directed to frame an appropriate issue in light of the amended provisions of Section 14(2) of the Act No. XVII of 1950 as amended by the Act No. 14 of 1975. The parties will be free to amend their respective pleadings and they will be free to lead fresh evidence if they so desire on the newly framed Issue The evidence recorded during the original trial shall also, subject to just exceptions, be the evidence during the trial after remand.


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