ARYA SAMAJ KESARGANJ Vs. NATHARMAL

JUDGEMENT

(1.) THIS is a civil second appeal against the judgment of the Additional Civil Judge, Ajmer. The matter relates to a suit for eviction under the provisions of Rajasthan Premises (Control of Rent & Eviction) Act, 1950, (hereinafter referred to as 'the Act' ).

(2.) THE plaintiff's suit was decreed by the trial court but dismissed by the first Appellate Court. THE defendant-respondent was a tenant of the plaintiff appellant, in respect of a shop, the construction of which was completed in the year 1963. THE plaintiff terminated the tenancy by a notice dated 18th May, 1967. THEreafter, the plaintiff filed the suit for eviction on 3rd July, 1967 at a time when a period of seven years from the date of completion of the construction of suit premises had not expired and in view of Section 2 (e) of the Act, the other provisions of the Act did not apply. THErefore, the suit was decreed on 31st May, 1969.

(3.) THE learned Single Judge referred the case to the Devision Bench. THE Division Bench took the view that it was correct that the shop in question was constructed within a period of seven years on 23rd April, 1959 and the suit was brought in 7 years on account of which section 2 (2) (e) of the Act was applicable. THEir Lordships of the Division Bench then scrutinised the analogous provisions to section 13 of the East Punjab Urban Rent Restriction Act, 1949. In Punjab a notification was issued which was interpreted by the Supreme Court in the above case.