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1987 Supreme(Raj) 418

J.S.VERMA, MOHINI KAPUR
Yogendra Sharma – Appellant
Versus
Narain Dass – Respondent


Advocates:
For the Appellant:A.K. Bhandari, Advocate.
For the Respondent:J.C. Jain, Advocate.

JUDGMENT

1. - A learned Judge of this Court, has by his order dated March 19, 1986, observed that there appears to be a conflict of opinion between judges sitting singly and it has become necessary to constitute a larger bench to resolve this conflict. Upon this order a larger bench has been constituted and it has come up before us to answer the questions which have been framed by the learned Single Judge. The points, which have been referred are as under :

(i) "Whether in a suit for eviction on the sole ground of default as contemplated under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, if the tenant deposits the amount determined by the Court under sub-section (3) of Section 13 of the Act within time whether it is necessary for the tenant thereafter to continue to deposit monthly rent till the disposal of the suit ?

(ii) Whether in a suit if the tenant deposits the amount determined under Section 13(3) of the Act under the earlier part of the sub-section (4) of Section 13 of the Act the ground of eviction under Section 13(1)(a) ceases to exist and the suit cannot be proceeded further ?"

2. A few facts may be looked into. Narain Das respondent No. 1








































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