JUDGMENT 1. - This is an execution second appeal by the landlord arising out of her application under Section 7 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. 2. Kundanmal and Banshilal respondents took a shop on rent from the appellant from 1.6.1957 on a rent of Rs. 250/- per month. They did not pay any rent to the appellant and on 27.11.1957 they filed a suit for fixation of rent. The appellant filed an application under Section 7 for the fixation of provisional rent. On this application the Court fixed Rs. 250/- as provisional rent on 9.5.1961. The respondents were directed to pay rent from month to month at this rate and also to pay the arrears from 1.6.1957 at this rate, in accordance with the provision of sub-section (2) of Section 7. No rent or arrears of rent was paid or deposited by the respondents and on 19.7.1961 the suit for fixation of standard rent was dismissed. On 20.6.1961 the appellant applied for execution of the order dated 9.5.1961 by delivery of possession and by realisation of the sum of Rs. 11,250/-. It may be mentioned here that on 29.8.1961 the respondents deposited a sum of Rs. 1,000/-. On 20.7.1961 the total amount of rent and arrears outstanding against the respondents came to 11,250/-, Section 7 runs as follows:- "7. Fixation of provisional rent:- (1) Upon the institution of a suit under Section 6, the Court shall forthwith make an order fixing in a summary manner a provisional rent for the premises in question which shall be binding on all parties concerned and shall remain in force till a decree fixing the standard rent therefor is finally made in such suit. (2) The provisional rent fixed under this section shall also apply to such arrears of rent as, in the case of a tenant who has instituted within six months from the commencement of the tenancy a suit under Section 6 on the ground of rent agreed upon being excessive relate to the period intervening between such commencement and institution. (3) A suit for the recovery of arrears of rent to which the provisional rent fixed under this section is applicable shall be stayed by the Court upon the payment by the tenant in Court of the total amount due to the landlord on the basis of such provisional rent. (3) A suit for the recovery of arrears of rent to which the provisional rent fixed under this section is applicable shall be stayed by the Court upon the payment by the tenant in Court of the total amount due to the landlord on the basis of such provisional rent. (4) Any failure to pay the provisional rent for any month by the fifteenth day of the next following month shall render the tenant liable to eviction under clause (a) of sub-Code of Civil Procedure (1) of Section 13 and all sums due from the tenant as such rent shall be recoverable from him as if the order under sub-section (1) were a decree of the Court in a suit for periodical payments. (5) All amounts paid as provisional rent shall be adjusted towards payment of the standard rent finally decreed. 3. The executing Court ordered the eviction of the respondents and also issued a warrant for the recovery of Rs. 11,250/-. The respondents preferred an appeal and the learned District Judge set aside the order of the executing Court. He was of the opinion that respondents could neither be evicted nor the arrears of rent recovered from them without bringing another suit. 4. I have carefully considered the provisions of Section 7. So far as the question of eviction is concerned all that Section 7(4) provides - "Any failure to pay the provisional rent for any month by the fifteenth day of the next following month shall render the tenant liable to eviction under clause (a) of sub-section (1) of Section 13." 5. What this provision means is that it shall be treated to be a ground for eviction under Section 13(1)(a). There is no provision for the dispossession of the tenant for failure to pay provisional rent for any month by the fifteenth day of the next following month. This part of the order of the learned District Judge is therefore correct. So far as the recovery of the sums due from the tenant is concerned Section 7(4) specially provides that all sums from the tenant as such rent shall be recoverable from him as if the order under sub-section (1) as well as those payable under sub-section (2) are, therefore, recoverable from the tenant under an order of the Court in which proceedings under Section 6 for the fixation of standard rent are pending. Under sub-section (2) where the suit is instituted within a period of 6 months of the commencement of the tenancy arrears of rent are to be treated on the same footing as provisional rent payable under sub-section (1) from month to month. The decision of the learned District Judge on this point is erroneous. 6. I accordingly allow the appeal in part with costs throughout and direct that a sum of Rs. 11,250/- shall be recovered from the respondents by levying execution.Appeal partially allowed. *******