A.K.MATHUR, J. - (1.) THIS second appeal is directed against the judgment and decree passed by the learned Additional District Judge, Udaipur No. 1, dated 27th of March, 1986.
(2.) THE brief facts giving rise to this appeal are that a suit was filed in the Court of Munsif and Judicial Magistrate (North), Udaipur City, Udaipur by the plaintiff Smt. Chander Bai against the defendant-appellant for arrears of rent and eviction from the premises, on the ground of second default. It is alleged that the defendant-appellant was admitted as a tenant on 1.1.1971 @ Rs. 25/- per month. The plaintiff's husband died on 6.6.1972 thereby she became owner of the premises. The plaintiff filed earlier suit for eviction on the ground of default but the defendant deposited the rent on the first date of hearing, therefore, the suit was dismissed under Section 13(6) of the Rajasthan Premises (Control of Rent and Eviction) Act, on 19.2.1976 as such no decree for eviction was passed. Then present suit was brought by the plaintiff on the ground that the defendant has again committed a default by not paying the rent for 6 months and 15 days i.e. upto 14th of June, 1976, therefore, on account of this second default the plaintiff prayed that the defendant may be evicted from the premises. The defendant filed written-statement and submitted that he has never committed a default in payment of rent. It is alleged that the plaintiff deliberately did not accept the rent for the period from 1.11.1973 to 31.8.1971 on the ground that she wanted that the rent should be increased and earlier suit was filed by the plaintiff and the arrear of rent was deposited on the first date of hearing so the earlier suit was dismissed.
(3.) IT is further alleged that defendant sent the rent by money order to the plaintiff but she did not accept. Thereafter, the rent was deposited under Section 19-A of the Act in the Court.;