1981 Supreme(Raj) 420
MAHENDRA BHUSHAN
Gulab Chand – Appellant
Versus
Raghuvirnath – Respondent
JUDGMENT
1. - The suit premises are situated in Dhan Mandi Ganga-nagar and the respondent filed a suit against the appellant in the court of Civil Judge, Ganganagar on May 17,1978 and one of the grounds set out in the suit was that the appellant has neither paid nor tendered rent due for six months before the filing of the suit and as such was liable to be evicted. So far as the allegations seeking eviction of the appellant from the suit premises, with regard to non-payment of rent are concerned, they were that the rent for the period from April 1, 1977 to March 31, 1978, 13 months @ Rs. 2500/- per year, amounting to Rs. 2708.33 was due and has neither been paid nor tendered. After the written statement had been filed, in with a plea was raised that the suit on the ground of default was without any basis and was wrong, the learned trial court under the provisions of Sub-section (3) of Section 13 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter referred to as 'the Act') provisionally determined the arrears of rent and interest amounting to Rs. 2678.50p. on October 17, 1979, and allowed adjustment of Rs. 1,000/- which had been deposited by the appellant i
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