The aggrieved tenants have filed this appeal by special leave.
The objection was overruled by the executing Court and such dismissal of the objection to the executability of the decree was also upheld by the High Court.
However, the Rajasthan Act companyferred an additional privilege on the tenant by providing that in a suit seeking eviction on the ground of default in payment of rent, the tenant may, during the pendency of the suit, deposit the amount of rent in arrears, with interest and companyts, as directed by the Court, and in that event a decree for eviction cannot be passed.
2003 Supp 3 SCR 100 The Judgment of the Court was delivered by R.C. LAHOTI, J. Leave granted.
1st November, 1956 and the suit premises came to be governed by the provisions of the Rajasthan Premises Control of Rent and Eviction Act, 1950 Section 13 l a of the Rajasthan Act provides for the tenant incurring liability for eviction if the tenant has neither paid number tendered the amount of rent due to the landlord for six months.
A demand cum quit numberice was served on the appellants, which having number been companyplied with, rendered the appellants liable to be evicted under clause a of sub section 1 of Section 13 of the Delhi and Ajmer Rent Control Act, 1952.
According to the respondents, the appellants had defaulted in payment of rent for a period running over three years since 29.11.1952.
The suit property is situated in the city of Ajmer.
In the year 1956, a suit was filed by the respondents landlords alleging the appellants to be their tenants in the suit premises.
