GOPALDAS Vs. FIRM ABDULLA YUSAF

JUDGEMENT

(1.) THIS is a revision against an order of the Sessions Judge, Bikaner, dated 23rd January 1952 and arises in the following circumstances.

(2.) ON 30th December 1947 the petitioners Ali Mohamad and Abdulla opposite parties applied to the Second Class Magistrate, Bikaner for ejectment of Gopaldass petitioner from certain premises belonging to them and let out to the said Gopaldass as a tenant. The petition was presented in pursuance of Notifications No. 80 dated 16th October 1946 and No. 19 dated 17th March 1947 issued by the Government of Bikaner. The allegation was that the premises were required by the landlords for their own use. Gopaldass raised various objections against his eviction but the learned Magistrate after enquiry ordered Gopaldass on 24. 6. 49 to vacate the premises. Gopaldass filed a revision in the Court of Session but the learned Sessions Judge rejected the same. Gopaldass has come up in revision in this court and it is contended on his behalf that the notifications under which the opposite party moved the Second Class Magistrate lost their force long before the application was made by the landlords and therefore the Magistrate had no jurisdiction in a matter like this.