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1972 Supreme(Raj) 14

JAGAT NARAYAN
Bundu – Appellant
Versus
Hashmat – Respondent


Advocates Appeared:
D P. Gupta, for applicant; P.N. Datt, for respondent

JAGAT NARAYAN, C.J.—This is a revision application by the defendant against an appellate order of Additional Civil Judge No. 4, Jaipur City, striking out his defence under sec. 13(6) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950.

2. The suit for ejectment was filed on 21-5-68 inter alia on the ground of default. 31st July 1968, was the first date of of hearing. On that date the defendant sought an adjournment for filing the written statement. The case was adjourned to 6 8 68. On that date he filed his written statement. He also filed an application under sec. 13(4) and (5). On 14-3-69 an order determining the rent and interest payable by the defendant was passed by the court and two months time was allowed to make the deposit On 15-12-69 the plaintiff filed an application for striking out the defence of the defendant under sec. 13(6) on the ground that the deposit of the amount determined under sec. 13(5) was not made within two months. This application was rejected on 7-2-70. There were two suits pending between the parties. Both were for recovery of arrears of rent and for ejectment, but relating to two different shops. The number of the present suit was 208/1













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