Research › Search › Judgment

Rajasthan High Court · body

2000 DIGILAW 12 (RAJ)

Rishi Kumar Sogoni v. Shafi Mohammad

2000-01-05

P.P.NAOLEKAR

body2000
JUDGMENT 1. - Ex parte decree was set aside on condition that the defendant shall deposit the amount of arrears of rent from July 1997 till 27.7.99. It is submitted by the counsel for petitioner defendant while challenging the order of the trial Court that since the matter for determination of rent is pending consideration under Section 13(3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, the trial Court has committed an error in directing to deposit arrears of rent as a condition precedent for setting aside the ex parte decree. It is pointed out by the counsel for the plaintiff respondent that what has been directed by the trial Court is only the admitted rent for the admitted period for which the rent was not deposited. When the trial Court has directed to deposit the arrears of rent at the admitted rate for the admitted period by the tenant as a condition precedent for setting aside ex-parte decree, that condition is neither illegal nor unjust. The trial Court rightly has exercised the jurisdiction vested in it and it has rightly passed an order setting-aside the ex parte decree on laying down the condition aforementioned. 2. I do not find any infirmity in the order of the trial Court. The revision petition is dismissed.Revision Dismissed. *******