Decided on December 18,1957



- (1.) These three applications filed by Mst. Ramni Begum against different respondents have arisen in the following circumstances.
(2.) The applicant is the owner of a house at Delhi which she temporarily abandoned during the disturbances in 1947. Various portions of the house were occupied by the present respondents and another man named Gopal Dass. The property was declared to be evacuee property but in 1950 the petitioner succeeded in getting herself declared as a non-evacuee and the house was restored to her on the condition that she recognised the occupants of various portions as her tenants. About a year after this on the 9th of August 1961, she instituted four suits for the recovery of arrears of rent from the various tenants and for their ejectment on the ground of non-payment of rent, and also on the ground that she required the premises in suit for the use and occupation of herself and her husband. The suits were consolidated and the result was that she was granted a decree for ejectment against Gopal Dass, but only decrees for sums due as arrears of rent from the defendants in the other three suits, and she has filed three appeals against these defendants which have been pending in this Court since 1953 claiming decrees for ejectment against them also.
(3.) The present applications were filed in December, 1956 against the various respondents under section 13(5) of the Delhi and Ajmer Rent Control Act, 1952. The sub-section in question reads :- "If the tenant contests the suit as regards the claim for ejectment, the plaintiff-landlord may make an application at any stage of the suit for an order on the tenant-defendant to deposit month by month rent at a rate at which it was last paid and also the arrears of rent, if any, and the court, after giving an opportunity to the parties to be heard, may make any order for the deposit of rent at such rate month by month as it thinks fit and the arrears of rent, if any, and on the failure of the tenant to deposit the arrears of rent within fifteen days of the date of the order or to deposit the rent at such rate for any month by the 15th of the next following month, the court shall order the defence against ejectment to be struck out and the tenant to be placed in the same position as if he had not defended the claim to ejectment, and the landlord may withdraw the amount of money in deposit without prejudice to his claim to any decree or order for recovery of possession of the premises.";

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