PYARE LAL Vs. BANWARI LAL

JUDGEMENT

(1.) This is a tenant's second appeal in a suit for eviction. The premises are situated in the town of Shahjahanpur in district Alwar. Admittedly at present the provisions of Rajas-than Premises (Control of Rent and Eviction) Act, 1950 are not applicable. Both the lower courts have decreed the suit of plaintiff.

(2.) In this appeal, Shri Rastogi has raised a twofold objection. Firstly, he has submitted that the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is a beneficial legislation enacted for the purpose of providing protection to the tenants from the exploitation of the landlords and it has been applied to much smaller places than the town of Shahjahanpur. On these premises, Shri Rastogi argued that his client has been discriminated under Article 14 of the Constitution and therefore, this Court should issue a Mandamus directing the State to apply the above act by extending it to the town in Shahjahanpur. In support of his contention he relied upon the judgment of this Court in Milap Chand v. Dwarkadas, 1954 Raj LW 587: (AIR 1954 Raj 252).

(3.) Secondly it was argued that the landlord has come on specific grounds of ejectment and therefore, even though the Rent Control Act is not applicable, the Court cannot grant a decree for eviction, Unless those specific grounds of ejectment are proved.