G.M.LODHA, J. - (1.) THIS is a defendants appeal in a suit for eviction which has been decreed on the ground of default.
(2.) THE short point raised by learned counsel for the appellant is that the defendant in his written statement disputed the amount of rent on various grounds and deposited that part of it which was undisputed. The trial court did not act under sub -sec. (5) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 as it stood when the case came up for consideration. Mr. Tikkus contention is that since the trial court failed to do its duty of determining the rent under sub -section (5) of Section 13 of the Act of 1950 as it was in existence at the relevant time i.e. May 15, 1975. Therefore, the judgements of both the lower courts were vitiated.
(3.) LEARNED counsel appearing for the respondents has not disputed that sub -section (5) of Sec. 13 of the Rajasthan Premises (Control of Rent and Eviction Act, 1950 was in the following form in force at the relevant time when the written statement was filed His only dispute is that the defendant never disputed the rent and, therefore, it was not necessary for the Court to determine the rent: - "(5) If in any suit referred to in sub -section (4), there is any dispute as to the amount of rent, payable by the tenant, the Court shall determine, having regard to the provisions of this Act, the amount to be deposited or paid to the landlord by the tenant, within 15 days from the date of such order, in accordance with the provisions of sub -section (4)." A perusal of the written statement and particularly additional pleas (Paras Nos. 6, 7 and 8) would show that the defendant has raised several types of disputes. To enumerate, his first dispute was that from December 19, 1970 to December 19, 1971 the amount claimed Rs. 48/ - was time barred. His second dispute was that in the earlier suit a decree has been passed in his favour against the plaintiff for costs, which should be adjusted and set off. He then calculated the rent and then added court -fees etc. and as per his calculation the total amount of Rs. 141.50 was deposited in the Court.;