G.M. LODHA, J. — This is a tenants revision application, in an ejectment suit, against the judgment stariking off his defence. The appeal filed before the Additional District Judge No. 2, Alwar was dismissed on May 18, 1979.

2. In this ejectment suit, the plea of the plaintiff was for granting of a decree on the basis of the default and also bonafide necessity. On November 29, 1975, the Court ordered under section 13 (1) (a) that the defendant should deposit Rs. 488.75p being arrears of rent within one month. The deposit was made on January 2, 1976.

3. It is admitted case of the parties that the Courts were closed between December 24, 1975 to January 1, 1976 on account of the Winter Vacations.

4. On an application for striking off defence under Section 13 (6) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act). The Court relying upon the judgments passed in Yogesh Chand vs. State of Rajasthan (1) and in the case of Chimna vs. Chunni Lal (2) held that tenant has committed default in compliance of the orders of the Court and he cannot take benefit of Winter Vacations, because the amount could have been deposited, as it was not an ordin

Click Here to Read the rest of this document