CHAMPALAL Vs. RANGA HARNATH & SONS AND ORS.

JUDGEMENT

(1.) The plaintiff landlord has filed the present second appeal in this court under Section 100 CPC on 19/7/2003 being aggrieved by the order dated 26/4/2003 passed by learned First Appellate Court of Addl. District Judge, Phalodi allowing the defendant's appeal No.2/93 Firm Ranga Harnath & sons, Phalodi vs. Champalal & ors.

(2.) The learned trial court had granted the decree of eviction in a civil suit No.78/74 filed by the appellant landlord Champalal s/o Ram Gopal Maheshwari & Ors. vs. Firm Ranga Harnath & Sons, Phalodi. The suit was inter alia filed on the ground of default in payment of rent by the defendant tenant. On the date of filing the suit on 5/12/1974, the provisions of the Rajathan Rent Control Act, 1950 were not extended to Phalodi. However, to all the municipal areas of the State of Rajasthan the said Act of 1950 was extended vide Notification dated 10/5/1979, which was published in the Rajasthan Gazette on 18/5/1979 and, therefore, the said Act of 1950 became applicable to Phalodi on 18/5/1979 in terms of the said notification. The said Notification is quoted below for ready reference:-

(3.) The learned trial court had decreed the suit by giving the following findings in favour of the appellant-plaintiff :- <JUDIMG>1638041-2</JUDIMG>