Judgment Dwarka Prasad, J.-The only question which arises in this revision petition is as to whether the defence against eviction of the defendant has been rightly struck off by the learned Civil Judge, Jhalawar.

2. Thefacts in controversy are that arrears of rent up to Jan. 30, 1981 along with interest thereon were determined by the trial Court on Jan. 20, 1981. The tenant was allowed three months’ time to make payment of the arrears of rent so determined. The rent for the month of Feb. and March 1981 was payable on or before the 15th of March and 15th of April 1981 respectively. The tenant not only paid the arrears of rent as determined by the Court, but also rent for the months of Feb. and Mar. on April 20, 1981. The plaintiff-landlord accepted the amount. Thereafter on the next day i.e. April21, 1981, the landlord filed an application under Sub-section

(5) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as ‘the Act’), for striking off the defence of the tenant against eviction. The trial Court held that the plaintiff had waived the default on the part of the defendant-tenant in respect of payment of rent for the months o

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