G.M.LODHA,J. - (1.) THIS is a civil second appeal against the judgment and decree dated 27.5.1981 passed by Shri M.A. Khan RHJS, Addl. District Judge No. 1, Alwar in civil first appeal No. 59/59.
(2.) THE first appellate Court has granted decree for eviction on the ground of default of tenant in payment of rent under Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act. Both the Courts has not accepted plea of personal necessity of landlords. The disputed property is of Deity and the plaintiff claims to be landlord as Pujari. In this second appeal against the decree for eviction, Mr. Garg has urged that in view of the application dated 4.1.1975 it was the duty of the trial Court to determine the rent and interest etc. and then provide time for making payment of that determined amount. This was not done and it has vitiated the entire proceedings. Mr. Garg then argued that on account of this the subsequent fact of significance, the Court not have proceeded further without determination under sub-section (5).
(3.) MR . Lodha appearing for the landlord argued that as there was no dispute about the rate of rent payable to the plaintiff, therefore, sub-sections (3) to (6) are not applicable. He further argued that as Section 13-A came to force during the pendency of the suit, sub-section (5) of Section 13 became redundant. It was also argued that the order of striking off the defence was not challenged in appeal by the tenant and therefore, it became final.;