Jagat Narayan, J. - (1.) THIS is a revision application by the defendant against an appellate order of the Additional District Judge No. 1, holding that the provision 13(4) is applicable to the present suit so far as the eviction on the ground of default is concerned and the provision of Section 13A is not applicable because it was open to the defendant to get benefit under Section 13(4). The trial court held that Section 13A was applicable.
(2.) THE suit for recovery of arrears of rent and eviction was filed on 8 -3 -65. Summons on the defendant -applicant was served on 26 -3 -65 and the first date of hearing was 16 -7 -65. On 9 -6 -65 the Rajasthan Premises (Control of Rent & Eviction) Amendment Act 12 of 1965 came into force in which two provisions were incorporated relating to a suit for eviction based on the ground, of default. One was contained in Section 13(4) and the other was contained in Section 13 -A. The provision in Section 13(4) was general and was to apply to all suits. The provision under Section 13A was a special provision relating to pending suits. Under Section 13(4) the tenant has to deposit the arrears of rent due upto the date of deposit and to deposit future rent month by month till the disposal of the suit. If there is a default in this then the defence against eviction is struck off. Section 13A is a special provision relating to pending suits. Under this provision the defendant has to apply to the court within 30 days of the coming into force of the Amendment Act i.e. by 8 -7 -65. The defendant has to make an application for the determination of arrears of rent due upto date and he is required to deposit these arrears. He is not required to deposit rent from month to month. In the present case the defendant filed an application on 8 -7 -65 for the determination of the arrears of rent. Both Sections 13A and 13(4) were mentioned in the application. The trial court determined the arrears of rent on 24 -11 -65 and gave time upto 3 -1 -66 to the defendant for depositing them. This amount was duly deposited. On 10 -11 -66 the plaintiffs filed an application that as the defendant had failed to deposit rent month by month for future months as required under Section 13(4) his defence should be struck off.
(3.) SECTION 13A is a special provision relating to pending suits. As was held by their Lordships of the Supreme Court in J.K. Cotton Spinning & Weaving Mills Co. Ltd. v. : (1961)ILLJ540SC whether there is a conflict between a special provision and the general provision the special provision prevails over the general provision and the general provision applies only to such cases which are not covered by the special provision.;