RAVI KHANDELWAL Vs. TALUKA STORES

JUDGEMENT

(1.) Leave granted.

(2.) The respondent is the tenant of a shop situated at Plot E2, Kamani Mansion, Paanch Batti, MI Road, Jaipur, with the appellant as the landlord. The appellant purchased the property from its erstwhile owner, M/s Jaipur Metal Electric Co., on 30/1/1985. At the time, the tenanted premises were already under the tenancy of the respondent.

(3.) The appellant filed a suit for eviction on grounds of bona fide necessity before the Additional Civil Judge-I, Jaipur, on 21/5/1985. The suit was dismissed on 30/10/2002, inter alia, on a finding that the plaint was not laid in accordance with Sec. 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the said Act'), which proscribed the filing of a suit for eviction within five years from the date on which the premises were let out to the tenant. The Trial Court found that the premises were leased only on 8/6/1982 by the predecessor in interest of the appellant.