Honble PRASAD, J. – The Court of Additional District Judge No. 1., Jodhpur made the instant reference to this Court under Section 113 of the Code of Civil Procedure (referred to hereinafter as `C.P.C.) and Order 46 Rule 1 C.P.C. as the said court was seized of a Misc. Appeal in which the following question was involved :–

``Whether, in a suit for eviction under S. 13 (1) (a) of Rajasthan Premises (Control of Rent and Eviction) Act, 1950, hereinafter referred as Rent Act). on the ground of alleged second default, if it is expected from the trial court, to provisionally determine the rent as per provisions of S. 13 (1) of the Rent Act.

(2). While making the aforesaid reference, the Court of Additional District Judge took into consideration various judgment of this Court i.e. Hanuman Prasad vs. Gaindi Lal (1), wherein a learned Single Judge observed as under :–

``It may be pointed out that sub-sec. (4) and (5) have been introduced for the benefit of the tenant so that in case of first default he may pro- tect himself against ejectment by making the required deposit or payment as provided therein. But in case of a tenant who has committed a second default, as mentioned in the proviso to s

Click Here to Read the rest of this document