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1972 Supreme(Raj) 15

JAGAT NARAYAN
BUNDU – Appellant
Versus
HASHMAT – Respondent


Advocates Appeared:
D.P.GUPTA, P.N.DATT

Judgment


JAGAT NARAYAN, C. J.

( 1 ) THIS is a revision application by the defendant against an appellate order of additional Civil Judge No. 4 Jaipur Citv. striking out his defence under Section 13 (6) of the Raia-sthan Premises (Control of Rent and Eviction) Act. 1950.

( 2 ) THE suit for ejectment was filed on 21-5-68 inter alia on the ground of default. 31st July 1968 was the first date of hearing. On that date the defendant sought an adiournment for filing the written statement. The case was adjourned to 6-8-68. On that date hp filed his written statement. He also filed an application under Section 13 (4) and (5 ). On 14-3-69 an order determining the rent and interest pavable by the defendant was passed by the court and two months time was allowed to make the dedosit. On 15-12-69 the plaintiff filed an application for striking out the defence of the defendant under Section 13 (6) on the ground that the deposit of the amount determined under Section 13 (5) was not made within two months. This application was rejected on 7-2-70. There were two suits pending between the Darties. Both were for recovery of arrears of rent and for ejectment. but relating to two different shops. The n













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