MILAP CHANDRA,J - (1.) THE only point involved in this second appeal is about the ejectment of the defendant on his failure to continue to deposit the rent under Section 13(4) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 during the pendency of the suit.
(2.) ON the basis of the judgment given in S.B. Second Appeal No. 126/83, Ramakant v. Ahsan Husain, S.B.C.S.A. No. 126/83, decided on 28.11.1983, by a learned Single Judge of this Court, it has been contended by the learned counsel for the defendant-appellant that the decree for ejectment passed by the trial Court and confirmed by the first appellate Court cannot be sustained. On the contrary, it is contended by the learned counsel for the plaintiff-respondents that it has clearly been held by a Division Bench of this Court in Yogendra Sharma v. Narain Das and others, 1988 RLR 286, that the tenant is bound to deposit the amount of rent every month during the pendency of the suit even if he has deposited the determined amount and on failure his defence is to be struck out. In view of the said decision of the Division Bench, there is no substance in the Second appeal. It deserves to be summarily dismissed.
(3.) CONSEQUENTLY , the second appeal is dismissed. The judgment and the decree of the trial Court as well as of the first appellate Court are affirmed.;