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1978 Supreme(Raj) 362

DWARKA PRASAD
Kailash Kumar Pareek – Appellant
Versus
Somoti Devi – Respondent


Advocates:
For the Petitioner:C.L. Pareek, Advocate.
For the Respondent:P.C. Jain, Advocate.

JUDGMENT

1. - This revision application has been filed against the order passed by the learned District Judge, Alwar dated April 11, 1978 upholding the order passed by the Munsif, Alwar dated March 25, 1977, striking of the defence of the defendant -applicant.

2. The plaintiff opposite party filed a suit for ejectment on the ground of personal necessity and defaults in payment of rent. On March 25, 1977, the trial court passed an order under sub-section (3) of section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 ( hereinafter referred to as "the Act") determining the amount of arrears of rent to be deposited by the defendant -tenant in the court for to be paid to the landlord in respect of the period from December 1, 1974 to March 31, 1977 as Rs. 2950/-. The trial court by its aforesaid order directed the defendant tenant under sub-section (3) of section 13 of the Act to deposit the above mentioned amount within 90 days in the court for to pay the same to the landlord within such period. It is not in dispute that the period of 90 days expired on June 23, 1977, but at that time the court was closed on account of summer vacation. The tenant deposited the amoun














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