UMEDRAM Vs. RAMESHWAR PRASAD

JUDGEMENT

(1.) THIS is a revision application by the plaintiff against an order of the District Judge, Pali.

(2.) THE plaintiff let out the shop in suit to the defendant on 24 -6 -1949. He brought the present suit for eviction on the allegation that the shop was newly constructed and the construction was completed on 1.6 -1963 so that the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 were not applicable for a period of seven years under Section 2(e). Under the terms of the contractual tenancy the defendant bad agreed to vacate the premises whenever he was asked to do so However, plaintiff served a notice terminating the tenancy with effect from 24 9 1967.

(3.) 7 -11 -1967 was the first date of hearing. Assuming that the Act was applicable, the defendant filed an application on that date for determination of the amount payable under Section 13(5) and for granting him time to pay it. On 27 -4 -1969 the trial court determined rent for 23 months at the rate of Rs. 22/ was payable along with interest at 6% and gave 15 days time to the defendant to deposit it. He did not deposit the amount but filed an appeal against that order During the pendency of the appeal, the defence of the defendant was struck out on 4 7 69.On 28.9.69 the District Judge accepted the appeal, set aside the order and remanded the case with the direction that the trial court should determine whether the Act was applicable to the case. Against that order the present revision application was failed on 27 -10 -1967. It was admitted on 26 -11 -1969 and it was ordered that the record should be sent for and the case listed for hearing as soon as the record was received and the opposite party was served. It has, however, come up for hearing now. 7 years have now expired since 1 -6 -1963 and according to the decision of a learned single Judge of this Court in Narayan Chand v. Krishna Kumar 1967 RLW 512 the Act has now become applicable to this case.