Rajasthan Premises (Control of Rent & Eviction) Act, 1950–Sec. 13–Transfer of Property Act, 1882–Sec. 83–Dismissal of eviction suit on the ground that the premises in question was mortgaged by land-lord with the respondenttenant–Hence there was no default in payment of rent as the rent was adjusted against the amount of interest–Justification–Original mortgage deed ought to have been in possession of tenant-respondent but he returned the same with cancellation note as he failed to advance the loan–Document was produced by land-lord–These aspects were ignored by Courts below–Status of respondent tenant continuously remained as tenant–Held, Courts below committed illegality in dismissing the suit.
