- (1.) LODHA, J. has referred the following question to this Division Bench--"whether in a suit for eviction on the ground set forth in Clause (a) of sub-section (1) with or without any of the other grounds referred to in that sub-section, the defence against eviction cannot be struck out under sub-section (6) for noncompliance of Sub-section (4) in a case where a tenant takes the plea that he has not committed default in payment of rent as contemplated by Section 13, Sub-section (1) (a) of the Act. "
(2.) THE reason why this reference became necessary is that in Vishwanath Singh v. Gopilal, 1970 Raj LW 223 Bhargava, J. , took the view that if in a suit for eviction on the ground set forth in Clause (a) of Sub-section (l) of Section 13 a tenant takes the plea that he has not committed such default then the court cannot strike out his defence under Section 13 (4) on his failure to deposit the arrears of rent on the first day of hearing and on his failure to pay future rent month by month in accordance with that clause unless the question of his having committed defaults is first determined and it is held that he has actually committed default. Lodha, J. was of the opinion that this view is incorrect and that all that is required for the applicability of Sub-section (4) of Section 13 is that the suit for eviction must have been filed on the ground set forth in Clause (a) of Sub-section (1) with or without any other grounds referred to in that sub-section, and that Sub-section (4) does not contemplate determination of the question whether or not the tenant has committed default as envisaged in Clause (a) of Section 13 (1 ).
(3.) SECTION 13 (4) runs as follows:- " (4) In a suit for eviction on the ground set forth in Clause (a) of subsection (1), with or without any of the other grounds referred to in that subsection, the tenant shall, on the first day of hearing or on or before such date as the court may on an application made to it fix in this behalf or within such time, not exceeding two months, as may be extended by the court, deposit in court or pay to the landlord an amount calculated at the rate of rent at which it was last paid, for the period for which the tenant may have made default including the period subsequent thereto upto the end of the month previous to that in which the deposit or payment is made together with interest on such amount calculated at the rate of six per cent per annum from the date when any such amount was payable upto the date of deposit and shall thereafter continue to deposit or pay, month by month, by the fifteenth of each succeeding month a sum equivalent to the rent at that rate,";