KESHOTE, J. - (1.) THIS revision petition under Section 115 CPC, 1908 is directed against the order dated 11. 09. 2001 of the Additional Civil Judge (JD) No. 5 (North), Kota. Under this order the application filed by the defendant petitioner under Section 5 of the Limitation Act for condonation of delay made in depositing the provisional rent has been rejected.
(2.) LEARNED counsel for the plaintiff respondent submitted that in view of the latest pronouncement of the Apex Court the learned trial Court has no jurisdiction to extend the period to deposit the rent determined under Section 13 (3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 and the learned trial Court has passed just and reasonable order in which this Court may not make any interference. Mr. Goyal, learned counsel for the defendant petitioner contended that as per provisions of Section 13 (4) of the Act aforesaid, the tenant may have in all 105 days to deposit the rent and interest determined by the Court under Section 13 (3) of that Act. It is submitted that the rent and interest determined under Section 13 (3) of the Act aforesaid has been deposited by the defendant petitioner within 105 days excluding the period of stay of the order of the trial Court passed under Section 13 (3) of the Act aforesaid by the first appellate Court and this Court in the revision. Learned counsel for the plaintiff non petitioner does not dispute that deposit of the rent and interest determined under Section 13 (3) of the Act aforesaid is made by the defendant petitioner within 105 days excluding the period of the stay of the order. Against the order passed by the trial Court under Section 13 (3) of the Act aforesaid, the petitioner filed civil miscellaneous appeal. That appeal was dismissed. He challenged the order of the appellate Court in S. B. C. R. P. No. 873/99. This revision petition has been decided on 29. 06. 1999 and the time was granted to the petitioner to deposit the aforesaid amount of provisional rent and interest within fifteen days. As there was some communication gape, the amount of the provisional rent and interest could not be deposited within fifteen days.
(3.) THE defendant petitioner filed S. B. Civil Misc. Application No. 1/200 in S. B. CRP No. 873/99 for extension of the time. The plaintiff non petitioner filed an application under Section 13 (5) of the Act aforesaid for striking of the defence of the petitioner tenant against eviction. The defendant petitioner filed an application under Section 5 of the Limitation Act for condonation of delay made in deposit of rent and interest. S. B. Civil Misc. Application No. 1/2000 has been decided by this court with the observations that defendant petitioner has already filed an application under Section 5 of the Limitation Act in the trial Court and the Court will take care of the matter. The learned trial Court has rejected that application under the impugned order. ;