M.D. RAO Vs. SATISH AUGUSTIN

JUDGEMENT

(1.) THE petition involves interpretation and construction of Section 16 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act'). This provision was inserted vide Section 2 of the Rajasthan Act No. 34 of 1987 and came into force with effect from 22.5.1987.

(2.) THIS section gives a right to a landlord who was a member of the armed forces of the Union, his war widow or his other legal representative to recover immediate possession in certain cases. For facility of reference, this section is reproduced hereunder upto sub-section (12) which calls for interpretation for the purposes of questions involved in the petition :-

(3.) VIDE Annex. 2 the learned District Judge gave directions to the learned District Magistrate to hear the application again and then pass a reasoned order. The petitioner raised an objection before the learned District Judge that the impugned order before him was not an order passed under the provisions of Section 16 of the Act and, therefore, he had no jurisdiction to hear the revision petition. The learned District Judge, however, held that the revision was maintainable and that the court had the jurisdiction to hear the same. The petitioner, however, did not challenge the order and after the remand, the matter was heard by the learned District Magistrate and the request of the petitioner to file rejoinder was granted vide the order dated 6.7. 1993 (Annex. 3).