Mohan Singh S/o Sawan Singh Kalada v. Rikhablal S/o Ranjeet
2003-02-20
B.PRASAD
body2003
DigiLaw.ai
JUDGMENT 1. - Heard. 2. The controversy in this appeal circles around the deposit made u/s.19-A of Rajasthan Premises (Control of Rent & Eviction) Act by the tenant. The Court while dealing with the application under section 19-A of the Act has come to the conclusion that this was not a valid deposit. So much so, the application filed by the landlord to withdraw the rent was also rejected by the Court finding that there is no valid deposit and therefore, there cannot be any withdrawal. In this background, the trial Court came to the conclusion that there was no valid deposit under section 19-A of the Act accepted to be valid and liable to be withdrawn by the landlord, the default came into operation and on the question of default, the decree was granted. 3. The facts of the case show that till date, the amount of the period due against the tenant has not been made available to the landlord as there was any valid deposit by the tenant. Thus, the appellant was declared defaulter, Since, the rent is due till date, there is no question of any interference in the finding of fact of the appellant being defaulter. That being the position, no interference is called for. However, two years time is granted to the appellant in the facts and circumstances of the case to give vacant possession to the respondent. Till then, the appellant shall continue to pay mesne profits at the rate of rent paid and pay all arrears to the respondent. The vacant possession shall be handed over to the respondent without interference of any legal procedure two years hence. An undertaking to this effect shall be filed by the appellant in the trial Court within four weeks.The appeal is hereby disposed of.Appeal Dismissed. *******