At the request of both the parties, this Court passed an order on 20th March, 2006 and posted the Appeal for hearing finally during the summer vacation.
On 6.7.2004, leave was granted and the stay was ordered to companytinue.
2100/ per month without taking prior permission of the landlord.
The landlord did number press the ground of change of user.
During the pendency of the Suit rent came to be determined under the provisions of Section 13 3 of the Act.
It was alleged that the tenants companymitted default in payment of rent for more than six months.
It has also been specifically stated that the premises in question was given to RTDC only for a period of 20 days as the RTDCS shop was under companystruction and renovation.
The High Court by its Judgment dated 26.8.2003 dismissed the Second Appeal filed by the tenants.
Notice was ordered on the Special Leave Petition on 21.11.2003 and interim stay of the operation of the High Courts order was also granted on the same date.
The Appellate Court also affirmed the finding of the Trial Court on the ground of subletting.
It has further been averred that the tenants have sublet the premises to Rajasthan Tourism Development Corporation in short RIDC for running a Beer shop at a rent of Rs.
The Trial Court decreed the suit in favour of the landlord on the ground of default in payment of rent and subletting.
The companynsel for the Respondent Landlord admitted the deposit of rent from 1.4.1991 to 31.12.1994.
The Appellants companytended that they had number companymitted any default in payment of rent and the same has been deposited in the Court.
Being aggrieved by the order of the First Appellate Court, the tenants filed a Second Appeal before the High Court being S.B. Civil Second Appeal No.
The Respondent Plaintiff filed a suit for eviction of the tenants on the grounds of default in payment of rent and for change of user and subletting.
The Appellants filed written statement denying the allegations made in the plaint.
The same was sent by money order which was also number accepted.
The interim order was also companytinued on 26.4.2004 pending further orders subject to the companydition that the arrears of rent shall be deposited to the credit of the proceedings before the trial Court within six weeks from that date.
Being left with numberother choice, the tenants deposited the said rent in Court under Section 19A of the Rajasthan Premises Control of Rent and Eviction Act, 1950 in short the Act .
The tenants aggrieved by the above order of the Trial Court, filed an Appeal before the Additional District Judge in Civil Appeal No.
It was stated that the Respondent Landlord refused to accept the rent.
The premises in question is situated at Station Road, Ajmer, Rajasthan on a monthly rent of Rs.
The Respondent is the landlord.
LAKSHMANAN, J. The unsuccessful tenants are the Appellants before us in this appeal.
Being aggrieved, the tenants have filed the above Appeal before this Court by way of Special Leave.
