MOHANLAL Vs. LAKHEKHAN

JUDGEMENT

(1.) IN this second appeal the appellant is a tenant against whom a decree for ejectment has been passed by the Additional Munsif, Jodhpur and maintained in appeal by the Additional District Judge No. 1, Jodhpur.

(2.) THERE is a building popularly known as Lakhekhan building situate in Jodhpur inside Siwanchi Gate. Respondent Lakhekhan is the owner of this building. The suit premises is a shop in this building. Appellant Mohanlal has been a tenant in the shop at the rent of Rs. 15/- per month. The respondent served a notice of eviction under Sec. 106 of the Transfer of Property Act terminating the tenancy of the appellant. The tenant did not vacate the suit shop. Respondent-plaintiff therefore instituted the civil suit No. 49/62 in the court of Munsif on 4-7-1967. He claimed eviction of the tenant on three grounds : (1) That the defendant neither paid nor tendered rent from Bhadwa Sud 1 Samwat 2021 corresponding to 8-9-1964, (11) that the defendant made certain material alterations in the suit shop without the plaintiff's consent and (iii) that the shop was required for the plaintiffs son Wali Khan and his requirement was reasonable and bona fide. Lakhekhan accordingly prayed for the eviction of the tenant from the suit shop; a decree of Rs. 590. 25 as arrears of rent; mesne profits at the rate of Rs. 30/-per month for use and occupation of the shop from the date of the suit; interest on the above sums at the rate of the 6% per annum and the costs of the suit.

(3.) I will at the outset examine the scheme of the Act relating to the eviction of tenants. Rajasthan Premises (Control of Rent and Eviction) Act, 1950 was enacted to control the eviction from, letting of, and rents for, certain premises in the State of Rajasthan as it was expedient to provide for them. By sec. 31 of the Act, the Act was originally enacted for a period of two years. This section was amended from time to time and its life was extended. It continues to remain to date. This Act provides that the provisions of this Act shall be in addition to and not derogatory to any other law on the subject for the time being in force. According to the provisions of the Transfer of Property Act, a tenancy can be determined in one of the modes contained in sec. 111 of that Act. After determining the tenancy, a landlord is entitled to eject a tenant in the ordinary course of law. But this Act (No. 17 of 1950) provides that notwithstanding anything contained in any law or contract, no court shall pass any decree, or make any order in favour of a landlord, whether in execution of a decree or otherwise evicting the tenant, so long as he is ready and willing to pay rent therefor to the full extent allowable by this Act. This provision clearly lays down a legislative mandate that the Court shall not order eviction or evict a tenant in execution of a decree which may have been passed before the commencement of this Act as long as the tenant is ready and willing to pay rent in accordance with the provisions of this Act. This restriction provides certain exceptions and they are contained in clauses (a) to (1) of sec. 13 (1 ). If the court is satisfied on one or more of these grounds, it will be competent for the court to order eviction of the tenant. The grounds are set out below : -