BAL CHAND Vs. DHAN KANWAR

JUDGEMENT

(1.) THIS is a revision application by the tenants against an appellate decree of Shri G. D. Badgel dated 18. 1. 57. Shri Badgel has designated himself as Senior Sub Judge First Class Ajmer. The suit was instituted by the plaintiffs landlords on 2. 11. 53 in the Court of Second Additional Sub Judge First Class Ajmer and it was decreed by him on 31. 7. 56. The suit was for arrears of rent and ejectment. The prayer for ejectment was based on two grounds namely that the plaintiffs needed it for their personal use and that there was a default on the part of the defendants in the payment of rent. The tenants however deposited the arrears of rent in court under the provisions of sec. 13 (2) of the Delhi and Ajmer Rent Control Act 1952 which was applicable to Ajmer. The suit was accordingly decreed for ejectment on the ground that the plaintiffs needed it for their personal use. ,

(2.) THE defendants preferred an appeal against the decree in the court of the Senior Sub Judge First Class Ajmer on 3. 10. 56 treating it as an appeal under sec. 34 of the Delhi and Ajmer Rent Control Act 1952. Under the Ajmer Courts Regulation, 1926 there was no court of the Designation of Senior Sub Judge. When the Delhi and Ajmer Rent Control Act, 1952 came into force the court of Judge Small Causes, Ajmer was designated as the Court of the Senior Sub Judge for purposes of the Delhi and Ajmer Rent Control Act 1952 under an order of the President. Ajmer was then a Centrally administered area.