CHUNNILAL Vs. VASPUJAIJI MAHARAJ

JUDGEMENT

(1.) THESE Civil Second Appeals arise out of suits filed for eject-ment and arrears of rent by the various landlords against their respective tenants. Some of these suits have been dismissed either wholly or partly, and some of them have been decreed either wholly or partly by the lower appellate court. The landlords have come in appeal in cases where the suits had been dismissed either wholly or partly while the tenants have filed appeal in this court in cases where the suit has been decreed either wholly or partly. In all these cases, the point for decision is, "whether a tenant who has committed default in the payment of the rent and who has been held not entitled to take advantage of the provisions of Sec. 13 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter called 'the Act') can take benefit of Sec. 13-A which was inserted in the Act by the Rajasthan Premises (Control of Rent & Eviction) Amendment Act (No. 12 of 1965) (hereinafter called 'the Amending Act' ). The amending Act received the assent of the President on 2nd June, 1965 and was published for general information in the Rajasthan Gazettee Extra-ordinary dated 9. 6. 65. There is no doubt that the Amending Act came into force on 9th June, 1965 by virtue of Sec. 5 of the Rajasthan General Clauses Act, 1955. The Amending Act has amended certain provisions of the Act and has inserted some new sections. Sec. 13-A so inserted is material for the purposes of these appeals and this section runs, as follows: - 13-A.- Special provisions relating to pending and other matters.- Notwithstanding anything in sec. 13, sub-sec. (1) (a), or sub-sec. (4) and the proviso thereto or sub-sec. (5) as they existed before the commencement of the amending Act: (a) no court shall, in any proceeding on the date of commencement of the amending Act, pass any decree in favour of a landlord for eviction of a tenant on the ground of non-payment of rent, if the tenant applies under clause (b) and pays to the landlord, or deposits in court, within such time such aggregate of the amount or rent in arrears, interest thereon and full costs of the suit as may be directed by the court under and in accordance with the clause. (b) in every such proceeding, the court shall, on the application of the" tenant made within thirty days from the date of commencement of the amending Act, notwithstanding any order to the contrary determine the amount of rent in arrears upto the date of the order as also the amount of interest thereon at six percent per annum and costs of the suit allowable to the landlord; and direct the tenant to pay the amount so determined within such time, not exceeding ninety days, as may be fixed by the court: and on such payment being made within the time fixed as aforesaid, the proceeding shall be disposed of as if the tenant had not committed any default: (c) the provisions of clauses (a) and (b) shall mutatis mutandis apply to all appeals, or applications for revisions, preferred or made, after the commencement of the amending Act, against decrees for eviction passed before such commencement with the variation that in clause (b), for the expression "from the date of commencement of the amending Act", the expression "from the date of the presentation of the, memorandum of appeal or application for revision" shall be substituted; (d) if in any proceeding, any decree for eviction on the ground only of non-payment of rent has been passed on or after the 21st March, 1965, but before the date of commencement of the amending Act, and in which no appeal or application for revision has been preferred or made the court may, on the application of the tenant made within thirty days from the date of commencement of the amending Act, re-open the proceeding if the tenant deposits all arrears of rent upto the date of such application as also the amount of interest thereon at six per cent per annum and costs of the suit; and thereafter such proceeding, shall be disposed of as if such deposit of rent constituted a valid payment to landlord in time. Explanation: For the purposes of this sec - (a) "amending Act" means the Rajasthan Premises (Control of Rent and Eviction) (Amendment) Act, 1965: and (b) "proceeding" means suit, appeal or application for revision.

(2.) IN all these appeals, except S. B. Civil Second Appeal No. 149 of 1. 961 - Udararn vs. Barkatali, the tenants, whether the appellants or respondents have filed applications under Sec. 13-A, Clause (b) of the amending Act and have prayed that proceedings in the appeals should be disposed of in accordance with the provisions of Sec. 13-A.