The Court has the discretion to condone delay and advance substantial justice when sufficient cause for excusing the delay is shown.

1. - Heard learned counsel appearing for the parties and perused the order dated 29.11.1999 of the Hon'ble Supreme Court.

2. In the instant revision the tenant has assailed the concurrent finding of the Courts below striking out his defence against eviction a/s. 13(5) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (for short 'the Rent Act').

3. The respondent-landlord filed an application on 8.2.1993 in the learned trial Court under section 13(5) of the Rent Act with the averments that rent due from 7.9.1982 to 6.10.1982 ought to have been deposited on 21.10.1982 but it was deposited by the tenant on 11.12.1982. Similarly rent due from 7.10.1982 to 6.11.1982 and from 7.12.1982 to 6.1.1983 should have been deposited on 21.11.1982 and 21.1.1983 but it was deposited on 11.12.1982 and 28.1.1983. Therefore, it was prayed that defence against eviction be struck off.

4. The petitioner-tenant in the reply submitted on 11.5.1993 stated that the rent was paid to the landlord but he did not give the receipt therefore it could not be deposited in time. The tenant also made a request to condone the delay. Facts averred in the reply by the tenant were however denied by the landlord in the rejoinder. Thereafter the tenant on 25.1.1994 moved an application under section 5 Limitation Act seeking condonation of delay in depositing the rent. Learned trial Court vide - order dated 4.10.1994 refused to condone the delay in depositing the rent and passed order under section 13(5) of the Rent Act striking out defence against eviction. After unsuccessful appeal the tenant has now preferred this revision.

5. Full Bench of this Court in Sita Ram Agarzval v. Nasiruddiu, 1998 (1) WLC (Raj.) 825 by majority indicated that Court has ample power, in appropriate case, to condone delay under section 5 of the Limitation Act and permit tenant to deposit rent beyond prescribed period as fixed by the statute.

6. Thus it is to be seen as to whether the sufficient cause was shown by the tenant for excusing the delay and the discretion given to the Court to condone delay was exercised to advance substantial justice.

7. For this purpose following facts need and be noticed:-

(a) The landlord made a request for striking out the defence for the first time on 8.2.1993 in connection with the default in depositing the rent, committed by the tenant in the year 1982 and 1983. Admittedly the application was filed after 10 years without any explanation for delay.

(b) Rely filed by the tenant on 11.5.1993 was supported by the affidavit of Shri Jai Narain, the brother of the tenant. Learned trial Court did not believe the affidavit of Jai Narain.

(c) Application seeking condonation of delay was filed by the tenant- Ratan Lal on 25.1.1994 alongwith his affidavit, but uncontroverted affidavit of tenant-Ratanlal was not at all considered by the learned trial Court.

(d) Learned appellate Court dismissed the appeal of the tenant mainly on the grounds that the application seeking condonation of delay was filed after 11 years and that too by Jai Narain, an alleged, sub-tenant, who was not a party in the suit and the affidavit of tenant-Ratan Lal was unreliable as it did not incorporate the verbatim contents of the application.

8. The Rent Act in Section 13 provides statutory protection to tenants, when due to default in payment of rent under section 13(1)(a), a suit for eviction of a tenant is brought against him in Court, a second opportunity to deposit rent in the Court is given under sections 13(3) & 13(4). But even then, the tenant fails to obey the orders of the Court, the protection comes to end. To penalise such unscrupulous tenants sub-sec. (5) was enacted to provide the penalty of 'striking out the defence against eviction'. Thus the object of this sub-section is to penalise the habitual defaulters and to protect the landlords from such defaulters by evicting them.

9. Although no limitation is prescribed for making prayer under section 13(5) of the Rent Act, y