Judgment

V.N. Khare, J.-The appellant herein is the landlord who brought a suit for ejectment against the respondent-tenant on the ground of bona fide need and default in making payment of rent. It is not disputed that the appellant in the suit did not seek any relief in respect of recovery of arrears of rent. In the plaint it was alleged that the rent was due against the tenant since December, 1993. The trial court determined the provisional rent as required under sub-section (3) of Section 13 of Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as ‘the Act’) which the respondent-tenant was required to deposit or pay the rent from December 1993 to January 1996 - amounting to Rs. 69,920/-, plus Interest @ 6 per cent to the landlord. The respondent-tenant challenged the order passed by the trial court before the lower appellate court but the same was dis­missed. Aggrieved, the tenant filed a revision petition before the High Court of Judicature of Rajasthan at Jaipur. The High Court took the view that, in the absence of relief in the suit for recovery of arrears of rent, the trial court could not have determined the provi­sional rent to be deposite