GUPTA, J.—This revision application has been filed against the order passed by the Civil Judge, Barmer, under section 13A(b) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter called "the Act"). The trial court passed an absolutely perfunctory order in this case directing the defe-ndant-tenant to deposit the provisional rent @ Rs. 40/- p. m. and also to make payment of arrears of rent on that basis. This order was not in consonance to the provisions of section 13A (b) of the Act, which reads as under—

"13A (b) In every such proceeding, the court shall, on the application of the tenant made within thirty days from the date of commencement of the amending ordinance, notwithstanding any order to the contrary, determine the amount of rent in arrears upto the date of the order as also the amount of interest thereon at 6% per annum and costs of suit allowable to the landlord; and direct the tenant to pay the amount so determined within such time, not exceeding ninety days, as may be fixed by the court; and on such payment being made within the time fixed as aforesaid, the proceeding shall be disposed of as if tenant had not committed any default."

Thus, the trial court is required under the provisions of section 13-A (b) of the Act to find out in the first instance the amount which was payable by the defen-dant-tenant to the plaintiff-landlord towards the arrears of rent upto the date of the order and then to deduct therefrom the amount which was either paid by the defendant-tenant to the plaintiff-land lord during the pendency of the suit or was deposited by him in the trial court in the proceedings in the suit for eviction or was deposited under section 19-A of the Act for payment to the landlord. After making the aforesaid deductions the trial court should work out the net amount which remained due and payable from the defendant-tenant to the plaintiff-landlord towards arrears of rent on the date of order under section 13-A(b) of the Act. Thereafter interest @ 6% per annum should be calculated on the net amount which remained due and payable on the date of the order after making the aforesaid deductions and the amount of interest so calculated along with the amount of costs of the suit allowable to the landlord should then be added to the net amount of arrears of rent. After the determination of this aggregate amount, consisting of the net amount of arrears of rent which was found due to be payable by the defendant-tenant on the date of the order and the interest calculated on such amount @ 6% per annum and the costs of the suit allowable in accordance with law, the defendant-tenant should be directed to make payment of the total amount so determined within a period to be fixed by the court not exceeding 90 days Thus the defendant-tenant could not be asked to make payment of interest on such sums, which he had admittedly paid to the landlord during the pendency of the suit or which was deposited by him in the court, either in the suit for ejectment or under section 19-A of the Act prior to the date of the order.

2. The appellate court has, of course, calculated the amount which was payable on account of arrears of rent by the defendant-tenant to the plaintiff-landlord from August 31, 1971 to February 28, 1977, but it failed to deduct therefrom the amount which is alleged to have been deposited by the defendant-tenant in the trial court during the course of proceedings in the suit for ejectment. On the other hand, the appellate court gave a general direction that such amount which might have been deposited by the defendant-tenant should be adjusted against the total amount adjudged by it. The order which has crept in making the calculation, by the procedure adopted by the lower appellate court, is that interest @ 6% per annum was allowed to the plaintiff landlord on the entire amount which was payable towards arrears of rent from August 31, 1971 upto the day priar to the date of the order, without deducti

Click Here to Read the rest of this document