Dwarka Prasad, J. - (1.) The argument of the learned Government Advocate is that in a composite suit where the eviction of the tenant is sought on other grounds contained in Section 13 (1) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act'), besides the ground of non-payment of rent for a period of more than 6 months, the provisions of Sub-sections (3), (4) and (5) of Section 13 should not be strictly construed. Learned counsel placed reliance on the observations of a learned single Judge of this Court in Siya Saran v. Sagar Mal Modi, 1982 Rajasthan LR 304 in support of his submission. Sub-section (3) of Section 13 begins with the clause. "In a suit for eviction on the ground set forth in Clause (a) of Subsection (1), within or without any of the other ground referred to in that sub-section". (Emphasis mine) The aforesaid provision clearly establishes that Sub-sections (3), (4) and (5) are applicable not only to suits for eviction based solely on the ground of defaults in payment of rent but also to composite suits in which one of the grounds on which the eviction is sought is that of defaults in payment of rent besides one or more other grounds contained in Sub-section (1) of Section 13 of the Act.
(2.) It may also be pointed out that Sub-section (5) of Section 13 provides that the court is empowered to order that the defence of the tenant against eviction to be struck out, in case the tenant fails to deposit in court or pay to the landlord any amount referred to in Sub-section (4) of Section 13, on the date or within the time specified therein. Sub-section (4) of Section 13 runs as under:- "(4) The tenant shall deposit in court or pay to the landlord the amount determined by the court under Sub-section (3) within fifteen days from the date of such determination, or within such further time, not exceeding three months, as may be extended by the court. The tenant shall also continue to deposit in court or pay to the landlord, month by month the monthly rent subsequent to the period up to which determination has been made, by the fifteenth of each succeeding month or within such further time, not exceeding fifteen days, as may be extended by the court, at the monthly rate at which the rent was determined by the court under Sub-section (3)." It is apparent from a perusal of the aforesaid provision that Sub-section (4) requires the tenant to deposit in court or to pay to the landlord the following amounts:- (a) the amount determined by the court under Sub-section (3) of Section 13. Such amount has to be deposited within 15 days from the date of determination or within such further time as may be extended by the court, but which cannot exceed 3 months; (b) the monthly rent, month by month, subsequent to the period up to which determination has been made under Sub-section (3) of Section 13, at the monthly rate at which the rent is determined by the court. This amount has to be deposited by the 15th of such succeeding month or within such further time as may be extended by the court, but such period shall not exceed 15 days.
(3.) Thus, Sub-section (4) requires the tenant to deposit both the amounts referred to above viz., the amount determined under Section 13 (3) as also the monthly rent, month by month. If the tenant fails to make payment of either amounts referred to in Sub-section (4), then his defence against eviction is liable to be struck out under Sub-section (5).;