- (1.)THIS is a revision application by the defendant against an appellate order of additional Civil Judge No. 4 Jaipur Citv. striking out his defence under Section 13 (6) of the Raia-sthan Premises (Control of Rent and Eviction) Act. 1950.
(2.)THE suit for ejectment was filed on 21-5-68 inter alia on the ground of default. 31st July 1968 was the first date of hearing. On that date the defendant sought an adiournment for filing the written statement. The case was adjourned to 6-8-68. On that date hp filed his written statement. He also filed an application under Section 13 (4) and (5 ). On 14-3-69 an order determining the rent and interest pavable by the defendant was passed by the court and two months time was allowed to make the dedosit. On 15-12-69 the plaintiff filed an application for striking out the defence of the defendant under Section 13 (6) on the ground that the deposit of the amount determined under Section 13 (5) was not made within two months. This application was rejected on 7-2-70. There were two suits pending between the Darties. Both were for recovery of arrears of rent and for ejectment. but relating to two different shops. The number of the present suit was 208/1969. The monthly rent was Rs. 16/ -. The other suit was No. 298/69. The rent of the premises in that suit was Rs. 32/- per month. Bv mistake in the tender the defendant had entered suit No. 298/69 as the suit in which the deposit was being made.
(3.)THE trial Court held that there was no default because of this mistake on the part of the defendant. The plaintiff preferred an appeal which was dismissed on 30-7-70 and that order became final.