S. K. MAL LODHA, J. - (1.) THIS rule was issued at the instance of defendant No. 2 Ranchhodmal. The plaintiff-non-petitioner No. 1 (landlord) instituted a suit for arrears of rent and ejectment in respect of a shop, against the petitioner and non-petitioner Nos. 2 and 3, who are defendants Nos. 1 and 3 in the trial court, on November 29, 1976. The rate of the rent, as stated by the plaintiff is Rs. 55/- per month. According to the plaintiff, rent was due from the defendants from Kartik sudi 1, smt. 2029 to Jeth vadi 15 (amavasiya) smt. 2033. i. e. for 44 months (inclusive of Idak month) amounting to Rs. 2420/ -. Towards that, it is stated that on June 25, 1976, a cheque for Rs. 1320/-was given to the plaintiff by the defendants leaving 1100/- as due. In the written statement, it was pleaded by the defendants that they had deposited Rs. 1029-66 in the plaintiffs' account towards the electricity charges. It was contended that no amount of rent is outstanding against them.
(2.) AN application was moved by the defendants for the determination of amount under section 13 (3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act') and stated that he has already deposited Rs. 1044-74 in the account of landlord by paying off the electric bills of the premises. The original receipts in the name of the landlord evidencing the payment of electric charges, were produced by the defendants. The learned Additional Munsif, by his order dated November 16, 1977, determined Rs. 1220-26 and directed the defendants to pay to the landlord within fifteen days or to deposit it in court. He also made a direction for deposit of the monthly rent, as envisaged by S. 13 (4) of the Act. Feeling aggrieved by this order, the plaintiff went in appeal under section 22 of the Act. Learned Additional District Judge No. 1, Jodhpur accepted the appeal on March 2, 1979 and modified the order of the learned Additional Munsif and determined provisionally Rs. 2090 as arrears of rent and Rs. 175/- as interest, total Rs. 2265 as amount due and directed that the entire amounts either be paid by the defendant to the plaintiff or be deposited in court. Being dissatisfied with the appellate-order, the defendant-petitioner got the rule issued. I have heard Mr. M. D. Calla for the petitioner and Mr. R. R. Nagori for the plaintiff-non-petitioner No. 1.
(3.) LEARNED counsel, appearing for the petitioner contended that the order determining the amount of arrears of rent and interest, passed under section 13 (3) of the Act, was not appealable under section 22 of the Act and as such, the learned Additional District Judge has exercised jurisdiction not vested in him by law. According to the learned counsel, the order passed by the learned Additional District Judge modifying the order of the learned Additional Munsiff is without jurisdiction and, therefore, it should be set aside. In these circumstances, a serious question arises for my consideration, namely, whether an appeal lies against the order passed under section 13 (3) of the Act, determining the amount of rent and interest and directions under Section 13 (4) of the Act for its payment or deposit and for payment of the monthly rent month by month, subsequent to the date of the determination under section 13 (3) of the Act. It will be useful here to read sub-sections (3), (4), (5), (6), (7) and (8) of section 13 of the Act, which are as under: " (3) In a suit for eviction on the ground set forth in clause (a) of subsection (1) with or without any of the other grounds referred to in that subsection, the court shall, on the first date of hearing or on any other date as the court may fix in this behalf which shall not be more than three months after 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 shall be calculated at the 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 percent 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. (4) 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 under sub-sec. (3 ). (5) If a tenant fails to deposit or pay any amount referred to in sub-sec. (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 by sub-sec. (4) no decree for eviction on the ground specified in clause (a) of sub-sec. (1) shall be passed by the court against him : Provided that a tenant shall not be entitled to any relief under this subsection, if having obtained such benefit or benefits under sec. 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-sec. (3) and deposited in court or paid to the landlord under sub-sec. (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-sec. (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 future rent payable by the tenant. " Sec. 22 of the Act, which provides for appeal and revision, reads as under : "22. Appeal and Revision.- (1) From every decree or order passed by a Court under this Act, and appeal shall lie to the Court to which appeals ordinarily lie from original decrees and orders passed by such former Court. (2) No second appeal shall lie from any such decree or order; Provided that nothing herein contained shall affect the powers of the High Court for Rajasthan in revision. (3) Any person aggrieved by an order of the Magistrate may, within fifteen days, from the date of such order, appeal the reform to the District Magistrate or such authority as the State Government may from time to time appoint in that behalf. " It is clear from sub-sec. (1) of section 22 that from every decree or order passed by a court under the Act an appeal lies to the Court to which appeals ordinarily lie from original decrees and orders passed by such former Court. Sub-sec. (3) of sec. 22 of the Act also provides for an appeal against the order of the Magistrate to the District Magistrate or such authority as the State Government may from time to time appoint in that behalf. ;