MOHINI KAPOOR,J. - (1.) A learned Judge of this Court, has by his order dated March 19, 1986, observed that there appears to be a conflict of opinion between judges sitting singly and it has become necessary to constitute a larger bench to resolve this conflict. Upon this order a larger bench has been constituted and it has come up before us to answer the questions which have been framed by the learned Single Judge. The points, which have been referred are as under : (i) "Whether in a suit for eviction on the sole ground of default as contemplated under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, if the tenant deposits the amount determined by the Court under sub-section (3) of Section 13 of the Act within time whether it is necessary for the tenant thereafter to continue to deposit monthly rent till the disposal of the suit ? (ii) Whether in a suit if the tenant deposits the amount determined under Section 13(3) of the Act under the earlier part of the sub-section (4) of Section 13 of the Act the ground of eviction under Section 13(1)(a) ceases to exist and the suit cannot be proceeded further ?"
(2.) A few facts may be looked into. Narain Das respondent No. 1 instituted a suit for rent and eviction against Shri Ram Gopal Sharma (since deceased), who is represented by his legal representatives, who are the appellant and the proforma respondent on the ground of defaults in payment of rent and for recovery of water and electricity charges. The tenant claimed that he had deposited the rent and also alleged that water and electricity charges had been paid to the landlord. The trial Court, namely the Addl. Munsif, Ajmer (East), on an application moved by the tenant under Section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act (hereinafter referred as the ('Act'), provisionally determined rent on 16.11.1976. This amount was deposited by the tenant within time as extended by the Court. Thereafter, the landlord alleged that the tenant had not deposited rent month by month as was to be done under the second part of Section 13(4) of the Act, and his defence against the eviction was liable to be struck out. This application was refused by the trial Court but on appeal, the Additional Civil Judge accepted the same and the defence of the tenant against the eviction was struck out, by order dated 9.11.1982, S.B. Civil Revision No. 20/1983, preferred against this order was dismissed by this Court on 18.5.1983. Thereafter the trial Court examined witnesses and after hearing the parties, decreed the landlords' suit for eviction on the ground that the tenant had committed default in payment of rent and was liable to be evicted. This decree dated 15.12.1983, was confirmed in appeal by the Additional Civil Judge No. 2, Ajmer, by his judgment dated 8.2.1986. The defendant tenants preferred a second appeal before this Court and it is in the proceedings in the second appeal that the above points have been referred to this larger bench. We may stated that we have to answer the questions which have been referred to us without deciding as to what is to be done in the particular appeal in which these points have arisen. 4. Section 13 of the Act may be reproduced in order to appreciate the contentions of the learned counsel for the parties. "Section 13 - Eviction of tenant - (1) Notwithstanding anything contained in any law or contract, no Court shall pass any decree, or make any order, in favour of a landlord, whether in execution of a decree or otherwise, evicting the tenant so long as he is ready and willing to pay rent therefor to the full extent allowable by this Act, unless it is satisfied - (a) that the tenant has neither paid nor tendered the amount of rent due from him for six months. (3) In a suit for eviction on the ground set forth in clause (a) of sub-section (1) with or without any of the other grounds referred to in that sub-section, the Court shall, on the first date of hearing or any other date as the Court may fix in this behalf which shall not be more than three months filing of the written statement and shall be before the framing of the issues, after hearing the parties and on the basis of material on record provisionally determine the amount of rent to be deposited in Court or paid to the landlord by the tenant. Such amount of rent shall be calculated at rate of rent at which it was last paid or was payable for the period for which the tenant may have made default including the period subsequent thereto upto the end of the month previous to that in which such determination is made together with interest on such amount calculated at the rate of six per cent per annum from the date when any such amount was payable upto the date of determination : Provided that while determining the amount under this sub-section, the Court shall not take into account the amount of rent which was barred by limitation on the date of the filing of the suit.
(3.) 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 upto 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). (5) If a tenant fails to deposit or pay amount referred to in sub-section (4) on the date or within the time specified therein, the Court shall order the defence against eviction to be struck out and shall proceed with the hearing of the suit. (6) If a tenant makes deposit or payment as required under sub-section (4) no decree for eviction on the ground specified in clause (a) of sub-section (1) shall be passed by the Court against him. Provided that a tenant shall not be entitled to any relief under this sub-section, if having obtained such benefit or benefits under Section 13-A in respect of any such accommodation if he again makes a default in the payment of rent of that accommodation for six months. (7) If in any suit referred to in sub-section (3), there is any dispute as to the amount of rent payable by the tenant, the Court shall decide the dispute finally at the time of decision of the suit and may, at that time, pass such orders regarding costs or interest, as having regard to the circumstances of the case, it deems fit. (8) In case at the time of decision of the suit :- (a) the Court finds that the amount of rent provisionally determined by it under sub-section (3) and deposited in Court or paid to the landlord under sub-section (4) is less than the amount of rent finally decided as payable by the tenant, the Court shall pass a decree for the balance amount against the tenant; (b) The Court finds that the amount determined and deposited or paid as aforesaid in excess of the amount of rent finally decided as payable by the tenant, the Court shall, in the event of passing a decree for eviction against the tenant on ground other than that set forth in clause (a) of sub-section (1), also pass a decree in favour of the tenant for such excess amount deposited or paid by him and in the event of dismissing the suit for eviction it shall direct in the decree that such excess amount will be adjusted by the landlord against further rent payable by the tenant." ;