Skip to content


Bejomal Alias Bajmal Godha Vs. Ramesh Lal and anr. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Second Appeal No. 137 of 1970
Judge
Reported in1977WLN(UC)329
AppellantBejomal Alias Bajmal Godha
RespondentRamesh Lal and anr.
Excerpt:
rajasthan premises (control of rent and eviction) act, 1950 - section 13(1)(a) default section 13a inserted by amending act--by paying arrears of rent with interest & costs ground of default not available to landlord--tenant's application for benefit under section 13a--arrears of rent determined--tenant given 90 days time to deposit arrears of rent. - - 23/- per month, but failed to male payment of the rent right from 7.10.60 and had thus committed default......ground of default could no more be available to the plaintiffs. as regard the determination of the rent in arrears, he also submitted a statement of the rent so far deposited in the court. the respondents have also submitted a statement of their demand.3. now the amount of rent payable upto the date of suit, that is upto 13-12-1965 cannot exceed the decretal amount of rs. 345.77. the amount which became due from 14-12-1965 to 13-9-1977 is rs. 3243/-. thus, the total amount of rent from 13-21-65 to 13-9-77 comes to rs. 3588.77 paise. according to the defendant, the amount of interest is only rs. 85.22 paise, as regards the costs which wt re allowable, the respondents claim that the amount both towards the court fee s and the counsel's fees comes to rs. 96.75 the costs of the first appeal.....
Judgment:

M.L. Jain, J.

1. This second appeal is directed against the judgment of the learned Additional District Judge, Aimer, dated 13-2-1970. The plaintiff respondents filed a suit for eviction and arrears of rent inter alia on the allegation that the defendant appellant was their tenant with rent at the rate of Rs. 23/- per month, but failed to male payment of the rent right from 7.10.60 and had thus committed default. The trial Court decreed only a sum Rs 345.77.- The decree for ejectment was also passed. The decree of the learned Munsif is dated 27-2-1969 an appeal against which was also dismissed the learned Addl. District Judge, Ajmer by his aforesaid order.

2. While the present appeal was pending the law was amended and Section 13A was interested in the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. In pursuance of this provision, the respondent applied for determination of the arrears of rent and interest and costs of the suit so that upon payment thereof the ground of default could no more be available to the plaintiffs. As regard the determination of the rent in arrears, he also submitted a statement of the rent so far deposited in the court. The respondents have also submitted a statement of their demand.

3. Now the amount of rent payable upto the date of suit, that is upto 13-12-1965 cannot exceed the decretal amount of Rs. 345.77. The amount which became due from 14-12-1965 to 13-9-1977 is Rs. 3243/-. Thus, the total amount of rent from 13-21-65 to 13-9-77 comes to Rs. 3588.77 paise. According to the defendant, the amount of interest is only Rs. 85.22 paise, As regards the costs which wt re allowable, the respondents claim that the amount both towards the court fee s and the counsel's fees comes to Rs. 96.75 The costs of the first appeal are Rs. 47.75. Adding to it the costs of the second appeal, the total sum payable is:

Rent from 13-12-65 to 13-9-77 - Rs. 3588.77Interest - Rs. 85.22Costs of suit - Rs. 96.75Costs of 1st Appeal Rs. 47.75Costs of Second Appeal Rs. 101.53-------------Rs. 3920.02

4. Out of this sum, the appellant has deposited Rs. 3548.02 It means he has to pay a sum of Rs. 372.00, more.

5. It is here by directed that the appellant shall pay this amount of Rs. 372.00 within ninety days if already not deposited and on such payment being made, the appeal shall in so far as it relates to eviction on the ground of default, be disposed of as it the appellant had not committed any default.


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