CHIRMOLI Vs. JAGANLAL

JUDGEMENT

(1.) THIS is a tenant's second appeal arising out of a suit for eviction of the tenant from certain premises and raises a question about the applicability of Section 59 A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, hereinafter called the ''Act'.

(2.) THE defendants had taken on rent a shop situated at Hindaun on 12 -5 -58 and executed a rent note for the same which is Ex. 1 on record. The monthly rent was Rs. 44/ -. Earlier to the present suit the plaintiffs had filed a suit against the defendant appellants for their eviction from the shop on the ground of default and also on the ground of bonafide reasonable necessity of the landlords for the premises During the pendency of the suit, however, the Act was amended and in accordance with the amendments the defendant -appellants paid the arrears of rent and consequently the ground of default was deleted by the plaintiffs and the suit went to the trial on the ground of reasonable and bona fide necessity of the landlord. The plaintiffs were, however, not able to establish this ground and accordingly the suit was dismissed. The present suit was thereafter filed on the ground of default in the payment of rent. It was claimed that the defendant -appellants had been defaulters and that the rent had been in arrears for more than six months. The suit was filed on 25 -11 -69.

(3.) THUS only one question falls for determination whether the deposit of rent made on 1 -9 -69 or the earlier application of the defendants (Ex. A/9) moved on 9 -5 -69 had the effect of discharging the liability of the defendants for the payment of rent. I may read Section 19 A of the Act. Section 19A. Deposit of rent by tenant, (1) Every tenant shall pay rent within the time fixed by contract or in the absence of such contract, by the fifteenth day of the month next following the month for which it is payable. (2) Where the landlord does not accept any rent tendered by the tenant within the time referred to in Sub -section (1) or where there is bonafide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the court and such deposit of rent shall be a full discharge of the tenant from the liability to pay rent to the landlord. (3) The deposit shall be accompanied by an application by the the tenant containing the following particulars, namely - - (a) The accommodation for which the rent is deposited with a description sufficient for identifying the premises; (b) the period for which the rent is deposited; (c) the name and address of the landlord or the person or persons claiming to be entitled to such rent; (d) the reasons and circumstances for which the application for depositing the rent is made. (4) The application referred to in Sub -section (3) shall bear a court fee stamp of Rs. 2/ - and shall be accompanied by requisite postal stamps for sending the notice and a copy to application under Subsection (5). (5) On such deposit of the rent being made, the court shall send notice of the deposit by registered post acknowledgement due and also send a copy or copies of the application to the landlord or persons claiming to be entitled to the rent with an endorsement of the date of deposit; and a copy of such notice shall be affixed on the notice board of the court. (6) If an application is made for the withdraw of any deposit of rent, the court shall, if satisfied that the applicant is the person entitled to receive the rent deposited, order the amount of the rent to be paid to him and such payment of rent shall be a full discharge of the court from all liability to pay rent to the landlord. Provided that no order for payment of any deposit of rent shall be made by the court under this sub -section without giving all persons named by the tenant in his application under Sub -section (3), as claiming to be entitled to payment of such rent, an opportunity of being heard and such order shall be without prejudice to the rights of such persons to receive such rent being decided by a court of competent jurisdiction. This section was inserted by Section 4 of the Rajasthan Act No. 12 of 1965, published in Rajasthan Gazette Vol. IV -A Extraordinary dated 9.6.65 The section lays down the procedure enabling tenant to deposit rent in court when the landlord does not accept the rent tendered to him by the tenant, or where there is a doubt as to whom the rent is payable. In terms of Section 13(2) of the Act by remitting the rent to the landlord by a postal money order at his ordinary address the tenant shall be deemed to have paid or tendered the amount of rent to the landlord. That provision, however, did not lay down that the liability of the tenant would thereby be discharged.