- (1.) This is a revision directed against the judgment and decree dated 5-9-1971 of the Additional District Judge No. 3, Jaipur City who refused to strike out the defendant-non-petitioner Nos. 1 to 3 by holding that they were not the tenants of the plaintiff-petitioner.
(2.) The plaintiff petitioner brought a suit for eviction and arrears of rent against the non-petitioners amongst others on the ground that they had committed defaults in making payment of rent for more than six months and further that defendant-non-petitioner No. 4 Ratanlal had sublet the suit property to defendant-non-petitioner Nos. 1 to 3 without his consent. The suit was resisted by the defendant. The defendant-non-petitioner No. 4 Ratanlal denied that fact of subletting the suit premises and further denied that he was a defaulter in making payment of rent. The defendant-non-petitioner Nos. 1 to 3 denied that they were the sub-tenants and pleaded that they were inducted by the plaintiff-petitioner as tenant and are his tenants. They further denied that they had committed default in payment of rent.
(3.) On 14th of April, 1967, the defendant-non-petitioner No. 4 Ratanlal moved an application before the trial Court under Section 13(4) of the Rajasthan Premises (Control of Rent Eviction) Act, 1950 hereinafter called the Act. The trial Court determined the rent on 4-8-1967 and directed the defendants to deposit the arrears of rent and further made order that the defendants shall deposit the monthly rent by 15th of every month. It appears that the rent was not deposited by any of the defendants and therefore on 23rd of December, 1967, the plaintiff-petitioner moved an application under Section 13(6) of the Act alleging that the defendants had not complied with the order of the Court and prayed that their defence be struck off. The learned trial Judge accepted the application and struck off the defence of all the defendants under Section 13(6) of the Act.;