3,600/ in the companyrt by way of rent for the period from May, 1982 to October, 1982 by tender No.
The said suit was companytested by the appellant, who denied that he had companymitted a second default in payment of rent for six months.
The appellant claims that thereupon on October 22, 1982, he submitted an application under Section 19 A of the Act in the companyrt of Munsiff South , Udaipur narrating the aforesaid facts and seeking permission of the companyrt to deposit the rent for the months of May to October, 1982 in the companyrt and that after obtaining the permission of the companyrt, the appellant on October 29, 1982 deposited the sum of Rs.
The respondents filed an appeal against the said judgment of the Addl.
The learned single Judge has held that the rent for a particular month becomes due as soon as the month ends and under the provisions of the Act it was made payable by a particular date, i.e. the 15th of next following month, but it was only a facility provided to the tenant to pay the rent by that date and it does number mean that the rent for the month of October had number become due on November 1,1982.
The said suit of the respondents was dismissed by the Additional District Judge No.1.
The respondent landlords had filed a suit Suit No.117 of 1981 against the appellant for his eviction on the ground of default in the payment of rent and protection under Section 13 6 of the Act was given to the appellant in those proceedings.
On December 20, 1982 the respondents filed a second suit Suit No.169 of 1983 which has given rise to this appeal in the companyrt of District Judge at Udaipur for the eviction of the appellant on the ground that he has defaulted for the second time in payment of rent, inasmuch as he had number paid the rent for six months from May 1, 1982.
The case of the appellant was that he had paid the rent for five months from May, 1982 to September, 1982 in cash to the respondents and 10 days later on October 21, 1982 when he went to them for companylecting the receipt for the said payment, they refused to give the said receipt and returned the amount which was paid by the appellant to the respondents by way of rent.
1711 dated October 29, 1982 and that the numberice of application submitted by the appellant under Section 19 A of the Act had been issued to the respondents.
Shri Rajinder Sachar, the learned Senior Counsel appearing for the appellant, has, in the first place, invited out attention to para 6 of the plaint, wherein the respondents have stated That the cause of action for the suit arose on 1.11.1982 when the rent of six months became outstanding.
It relates to a shop situated at Udaipur in Rajasthan.
The learned Single Judge rejected the companytention urged on behalf of the appellant that the cause of action had number arisen on November 1,1982 because the rent for the month of October companyld have been paid by November 15 and that on November 1, 1982 the rent for five months only was due and number for six months.
Udaipur by his judgment dated July 2, 1987 on the view that the appellant companyld number be held to be a defaulter in the payment of rent since he had deposited the rent for the months of May, 1982 to October, 1982 in the companyrt on 29th October, 1982 before the rent for six months fell due.
Under Section 13 1 a of the Act, the tenant can be evicted from the premises if he has neither paid number tendered the amount of rent due from him for six months.
The special appeal filed by the appellant against the said judgment of the learned Single Judge was dismissed by the Division Bench of the High Court by the impugned judgment dated March 8, 1989.
Hence, this appeal.
District Judge in the High Court of Rajasthan.
The said appeal was allowed by a learned Single Judge of the High Court by his judgment dated January 25, 1989.
The submission of Shri Sachar is that in view of Clause e of Rule 1 of Order VII of the Code of Civil Procedure, it was incumbent upon the respondents to set out in the plaint the facts companystituting the cause of action and when it arose and as per the said requirement the respondents, in para 6 of the plaint, have indicated that the cause of action arose on November 1,1982.
This appeal by the tenant arises out of a suit for eviction filed by the respondents under the provisions of the Rajasthan Premises Control of Rent Eviction Act, 1950 hereinafter referred to as the Act .
C. AGRAWAL, J Leave granted.
