RAJESH BALIA, J. - (1.) THIS revision petition is directed against the order dated September 4, 1992 passed by the Additional District Judge No. 2 Jodhpur in the defendant -petitioner's appeal against the order of the Civil Judge, Jodhpur dated March 17, 1989.
(2.) RESPONDENT No. 1 Gopi Krishan had filed the suit for ejectment and arrears of rent against the defendant -petitioner interalia on the ground that he was committed default in making payment of rent as envisaged under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short hereinafter to be called as the Act') and has rendered himself liable for edjucement from the suit premises. The defendant denied that the relationship of the landlord and tenant exist between himself and the plaintiff. The trial Court while considering the matter for the purposes of determining the amount of rent payable to the plaintiff -landlord under Section 13(3) of the Act, came to the conclusion that the relationship of landlord and tenant exist between the landlord -plaintiff and defendant -petitioner, and further determined the amount of rent payable by the defendant to the plaintiff.
(3.) THE present petitioner -defendant filed appeal against the aforesaid order raising the ground that he has already deposited too amount of rent in the interpleader suit that he has filed against plaintiff and two Others for determining as to who is his landlord and he cannot be asked to deposit the rent second time. The plaintiff -landlord may be directed to adjust the amount of rent deposited in the court in the interpleader suit.;