The phrase "for 6 months" in Section 13(1)(a) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, requires a continuous period of default in payment of rent.

1. - The following question has been referred to this Division Bench for its consideration. "Whether the words for six months' used in proviso of sub-clause (sic sub-section) (6) of Section 13 as well in Section 13(1)(a) should necessarily be continuous 6 months or not ?

2. Relevant facts may be mentioned in brief to show how this question was referred to a Larger Bench for consideration. This civil second appeal has been filed against the judgment and decree dated December 15, 1986 passed by the learned Additional District & Sessions Judge No. 2, Jaipur City, Jaipur in civil appeal No. 54/85 affirming the judgment and decree passed by learned Munsiff & Judicial Magistrate, Jaipur City (West) dated July 18, 1985 in civil suit No. 294/83. This suit was filed claiming that the defendant-appellant neither tendered nor paid the rent for the period 1.10.1982 to 21.7.1983. The plaintiff-respondent further claimed that the defendant-appellant had made a second default. Therefore, decree for eviction may be passed in his favour. The defendant-appellant contested the case of the respondent-plaintiff and submitted that no second default was committed.

3. The learned Single Judge before whom civil second appeal was pending is of the view that in case of Hanuman Das and Ors, v. Sanwal Ram, 1982 RLR 916 , it was held by a Single Bench of this Court that default for period of 6 months may be in breaks and it is not necessary that the default should be for a continuous period of 6 months. The learned Judge was of the view that this needs re-consideration by a larger bench. Since this question has wide implication and will affect several cases pending on the ground of default under the Act in various Courts in Rajasthan, the members of the bar were allowed to intervene and express their view on this question.

4. It is contended by Shri Manish Bhandari, learned counsel for the defendant-appellant and Shri D.D. Patodia, B.L. Mandhana and G.C. Lunia that in sub- clause (a) of sub-sec. (1) & sub-sec. (6) of Section 13 of Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter referred to as the Act') the words for 6 months have been used. It is, therefore, contended by the learned counsel that both the lower courts have erred in interpreting the words for 6 months' to mean of 6 months'. It is contended that the use of words for 6 months' clearly signifies that what is required is that a tenant shall be said to have committed default only when the rent is not paid for a continuous period of 6 months and not any 6 months with several breaks during course of several years. The learned counsel has referred to Siya Sadan v. Sagar Mal & others 1982 RLR 304 : 1982 WLN 118 , Bajrang Lal v. Ram Deo, (1988) 1 RLR 360 and Khajoolal v. Amarchand, 1973 WLN 841 , Shri D. D. Patodia, B.L. Mandhana and G. C. Lunia learned advocates also expressed the view that the meaning of sub-clause (a) of sub-section (1) of Section 13 is clear that the default should be for a continuous period of 6 months. It was also pointed out that this is also clear from the statement of object and reasons of the Amending Act of 1965 that the provisions were amended with a view to give protection to the tenant. If the contrary view is taken it will clearly give benefit to the landlord and not to the tenant whereas the Act was enacted by the legislature for the benefit of the tenants and to protect their rights.

5. Shri R.M. Jain learned counsel for the plaintiff-respondent and Shri R.S. Kejriwal contend that neither in sub clause (a) of sub-section (1) of Section 13 nor proviso to sub-section (r) of Section 13 it is anywhere provided that the default for a period of 6 months should be continuous. It is pointed out that before the amendment of the Act in the year 1965 the provision in sub clause (a) of sub-sec. ( 1) of Section 13 (illegible) that if a tenant makes three defaults of two months each in a period of 18 months he shall be liable to eviction. It is, the