- (1.) In this Second Appeal of the tenant, which arises out of a decree of eviction passed by the Trial Court and confirmed by the learned Appellate Court, the substantial question of law which arises for determination is as to whether the failure of the tenant to fulfil all the requirements specified in Section 19-A(3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 makes the tenant liable to be evicted on the ground of default, in payment of rent.
(2.) The respondent instituted a suit against the appellants alleging that he had let out a shop & godown to the appellants on a Monthly rent of Rs. 100/-. A suit for rent and ejectment had been filed on 14.5.73. The same was decided on 1.5.79. The tenants were given the benefit of deposit the rent by them, after the first default. The suit was dismissed by the court, after the deposit had been made.
(3.) In the second suit also the landlord alleged about the default in payment of rent. The appellants contested the suit and asserted that thay had not committed any default and they had deposited the rent under Section 19-A of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, in the court. Before the learned trial court the tenant had led evidence to prove that he had sent rent by money-order, but the same was not accepted by the landlord and thereafter he had deposited the same in the court. The learned trial court held that the deposit of the rent was not in accordance with law and therefore it cannot be as a deposit made in terms of Section 19-A.;