C.M. Lodha, J. - (1.) THIS second appeal by the defendant tenant raises an interesting question of Jaw and it is this whether the transferee landlord can take advantage of the default committed by the tenant in payment of rent due from him to the previous land lord -for more than 6 months.
(2.) THE facts and circumstance in which the question arises may be briefly narrated as below. The defendant appellant Naraian Das was admitted as tenant in respect of the premises in question by Arjun Das and Hssso Mal on a monthly rent of Rs. 5/ -. It is the admitted case of the parties that the defendant did not pay rent to Arjun Das and Hasso Mal, predecessor -in -title of the plaintiffs Rajendar Singh and Kanwal Singh for the period commencing from 22nd May 1064 upto 4th May 1965, Arjun Das and Hasso Mal sold away the entire property, in which the apartments rented out to the defendant appellant are situated by a registered sale deed fated 4th May, 1965, copy of which has been placed on the record and marked Ex. 1 After the plaintiffs had purchased the property, the defendant sent by money order arrears of rent 'due from 22nd May, 1964 to 30th April, 1965 Rs. 56. 62p. (vide money order coupon Ex. A. 1) but the plaintiff did not accept the same. Subsequently the defendant again sent by money orders arrears at rent Falling due but the plaintiff went on refusing and after serving a notice of ejectment on the defendant, they filed the present suit for ejectment on two grounds viz., default of payment of rent and sub letting. The first date of hearing was 15th May, 1968. No application, however, was made by the defendant on that date for depositing the arrears of sent as contemplated by Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 An application was filed by the defendant under the aforesaid provision on 9 -10 -1968, on which the arrears of real together with interest were ordered to be deposited by the Court and the same were deposited within the time fixed by the Court. It may, however, be mentioned that month to month rent falling due thereafter was not deposited,
(3.) THE defendant resisted the plaintiff suit. After recording the evidence produced by the parties the learned Munsiff, Ajnier (West) by his judgment dated 29th July, 1969 decreed the plaintiff's suit for ejectment as well as for arrears of rent amounting to Rs. 189/ -. Aggrieved by the judgment and the decree passed by the trial Court, the defendant filed appeal which was dismissed by the learned Additional Civil Judge, Ajmer on 27 -4 -1970. Consequently the defendant has come in second appeal to this Court.;