HEERALAL Vs. MAHAVIR PRASAD

JUDGEMENT

(1.) APPELLANT Heeralal was the defendant in the suit filed against him by the respondent plaintiffs for ejectment of a shop on the ground of default in payment of rent. The defendant in his written statement defied the allegation of his being a defaulter in payment of rent on the ground that the tenancy was yearly and not monthly and he had deposited the amount of sent in the Court under Section 19A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter to be referred as the Act). On the basis of the pleadings of the parties, learned Munsif framed five issues which translated into English read as under:

(2.) THE learned Munsif heard the arguments on issue no. 1 and by his judgment dated 26 -11 -77 struck out the defence of the defendant on the ground that he had committed the default in payment of rent for a period of more than sis months second time. The learned Munsif held that there is no other question of notice etc. involved in the cast, and therefore, decreed the suit of the plaintiff with an order that the defendant would give the vacant possession of the shop to the plaintiff's within a period of two months. Plaintiffs were held entitled to the amount oeposited in the court aid also to an interest @ 6% p.a. on the amount of rent remaining due from the date of the filing of the suit till realisation.

(3.) FOLLOWING two substantial questions of law are found to be involved an this appeal: