SARDAR LAL Vs. UMRAO LAL GUPTA

JUDGEMENT

(1.) This Special Appeal is directed against the judgment of the learned single Judge, dated June 29, 1981.

(2.) The plaintiff respondent filed a suit for eviction on the ground of reasonable and bona fide necessity as well as on the ground of default in the payment of rent. The plaintiff-landlord filed an application under Section 13 (6) of the Rajasthan, Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act) on 1-9-78 for striking off the defence against eviction. The learned District Judge. Alwar by his order dated 23-7-79 allowed the application and struck off the defence against eviction. The defendants filed an appeal under Section 22 of the Act in this Court, which came UD for consideration before the learned Single Judge. The learned Single Judge dismissed the appeal by his judgment, dated June 29, 1981- The defendants have filed the present appeal against the aforesaid judgment of the learned single Judge. A preliminary objection was raised by the learned counsel for the plaintiff respondent that the special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is not maintainable against the Judgment of the learned single Judge passed in an appeal against an order under the Rent Control Act. Learned counsel for the respondents submitted that there was a clear bar under Section 22 of the Act for filing Second appeal against any order passed under the Act. It is argued that under Section 22 of the Act only one appeal is permissible against an order striking off defence against evition and thereafter there is a clear bar for filing a Second Appeal in terms of Section 22 of the Act. It is further contended that special appeal filed under Section 18 of the Rajasthan High Court Ordinance, 1949 against the judgment of the learned Single Judge is nothing else than a second appeal and when the intention ef the legislature is that no second appeal can be filed against an order passed under the Rent Control Act, in that case, special appeal cannot be filed by circumventing the provision of Section 22 of the Rent Control Act. Reliance in this regard is placed on Union of India v. Mohindra Supply Co. AIR 1962 SC 256.

(3.) Mr. Jain, learned counsel for the appellants contended that Section 18 of the Rajasthan High Court Ordinance permits a special appeal to the Division Bench against the judgment of the learned single Judge and Section 22 of the Rent Control Act cannot be a bar to an appeal filed under the provisions of the High Court Ordinance. It is further contended that in case an order striking off the defence is passed by a Munsiff then one appeal can be filed to the District Judge and thereafter the person aggrieved against the judgment of the District Judge can come to the High Court in exercise of its revisional jurisdiction and in that case a litigant has two chances. But if the contention of the learned counsel for the plaintiff-respondents is accepted, then if the suit is filed initially in the Court of District Judge on account of high valuation, then such plaintiff would have only one right of appeal to a learned Single Judge and thereafter he will have no remedy even if the judgment of the learned Single Judge was wrong or erroneous on merits. According to Mr. Jain, such discrimination is neither permissible nor could have been intended by the legislature. It is further argued that according to Section 28 of the Rent Control Act, the provisions of such Act are in addition to and not derogatory of, any other law. Mr. Jain further contended that the case Union of India v. Mohindra Supply Company (AIR 1962 SC 256) (supra) is distinguishable as under Section 39 (2) of the Arbitration Act, there was an express prohibition of a second appeal from an order passed in appeal under Section 39 (1) of the Arbitration Act, but in case of the Rent Control Act in Rajasthan, there was no such provision, on the contrary Section 28 clearly laid down that the provisions of the Rent Control Act will be in addition to and not derogatory to any other law.