KISHAN LAL Vs. FAKRUDIN

JUDGEMENT

(1.) This is the defendant's second appeal in a suit for ejectment against an order of remand.

(2.) The respondent Fakrudin sued the defendant-appellant in the Court of the Munsif, Chhoti Sadri for ejectment from a shop alleged to have been leased to the appellant by the respondent on Chait Sud 11 S. 2000. He also claimed Rs. 142/8/- as damages for use and occupation till the date of suit. The suit was instituted on the 31st of December, 1944. The defendant raised several pleas including (1) that the plaintiff was not the owner of the shop in dispute, (2) that the rent note had been got executed by the plaintiff by fraud and (3) that he was not liable to ejectment so long as he was ready and willing to pay the rent.

(3.) During the pendency of the suit, an Ordinance was promulgated by H. H. the Raj Pramukh of the former Rajasthan known as The United States of Rajasthan Buildings (Lease and Rent Control) Ordinance, 1948 (No. XXII (22) of 1948), on 26th of July, 1948. The defendant relied on the provisions of the aforesaid Ordinance for a further contention that the suit was not maintainable. The learned Munsif found that the defendant was a tenant of the plaintiff but did not decide the other issues on a view that Section 7 of the Ordinance applied to the case and that the special rules and procedure prescribed in that section had not been complied with and the suit was, therefore, incompetent. He accordingly dismissed the suit with costs.