DWARKA PRASAD, J. - (1.) THIS second appeal arises out of a suit for ejectment and for recovery of arrears of rent.
(2.) THE only question argued in this appeal is as to whether the plaintiff appellants are entitled to get a decree for ejectment on the ground of defaults in payment of rent. The defendant is said to be a tenant of the plaintiff in respect of upper portion of the premises situated in Bikaner, on a monthly rent of Rs. 9/ - The defendant paid rent upto November 27, 1963. According to the plaintiff, thereafter the defendant did not make payment of rent. On the other hand, the defendant alleged that he sent rent by money -orders, but the plaintiff refused to accept the same and they were returned with the endorsement of refusal. The suit for ejectment was based on three grounds, namely defaults in payment of rent, personal necessity and material damage to the leased property. All the allegations were denied by the defendants. The question of material damage to the property was not pressed by the plaintiff and no issue was framed in respect thereof by the trial court. The issue of personal necessity was found against the plaintiff by both the courts below and the same has not been pressed in this second appeal. As there is a concurrent finding of fact recorded by both the courts below that the plaintiff had failed to establish his bonafide and reasonable necessity in respect of the suit premises, it is also not possible to contest the question now. On the question of defaults in payment of rent, both the courts below held that the defendants had sent money -orders which were not accepted by the plaintiffs and as such the defendants could not be held to be defaulters.
(3.) IT was urged on behalf of the plaintiff in the trial court that after the defendants had made payment of the amount calculated by the trial court, in accordance with the provisions of Sub -section (4) of Section 13, he failed to make payment of rent for the month of May 1969. The rent for that month was to be paid, in accordance with Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction Act) 1950 (hereinafter referred to as 'the Act') upto the 15th of June 1969, but the defendant deposited the rent for the month of May 1969 along with the rent for the month of June 1969 on July 10, 1969.;