HINDUSTAN ZINC LTD Vs. K C JAIN

JUDGEMENT

(1.) THIS appeal of the tenant-defendant is directed against the judgment and decree of the learned District Judge, Udaipur dated September 27, 1983 by which the plaintiff's suit for eviction and arrears of rent was decreed with costs.

(2.) BRIEFLY recapitulated the relevant facts are that the plaintiff K. C. Jain instituted a suit for the recovery of arrears of rent and eviction of the defendant in the Court below on January 23, 1982. The case set up by him is that he is the owner of bungalow No. 28 situate in Polo-ground locality of the city of Udaipur. It was let out by the plaintiff to the defendant on January 1, 1978 for a period of two years on the monthly rent of Rs. 600/ -. The tenancy was oral. The duration of tenancy came to an end on December 31, 1979. The tenant, however, did not vacate the suit premises and approached the plaintiff to continue the tenancy for next three years and offered a sum of Rs. 720/- per month as rent. The plaintiff agreed to keep the defendant tenant for one year more on a monthly rent of Rs. 720/. The defendant, thus, continued in possession of the demised property. Even after December, 31, 1981 (31-12-81) i. e. the expiry of one year, the defendant did not vacate the suit premises and continued to deposit rent in the plaintiff's account in a bank at the rate of Rs. 600/- per month instead of Rs. 720/- per month. A notice was served on the defendant requiring him to vacate the premises and pay the remaining balance of amount of arrears of rent at the rate of Rs. 120/- per month. This notice was received by the defendant on January 2. 1982. The defendant still then did not vacate the suit premises, nor paid the remaining balance of the arrears of rent at the rate of Rs. 120/-per month ever and above the old rate of Rs. 600/- per month. Plaintiff therefore, brought the suit for recovery of Rs. 1320/- as the remaining balance of arrears of rent, (2) eviction of the defendant from the demised property and (3) recovery of damages for use and occupation at the rate of Rs. 720/- per month from January 1, 1982 and onwards till the defendant surrenders the possession of the demised property to the plaintiff. It was stated in para 5, (5) of the plaint that the provisions of Rajasthan Premises (Control of Rent & Eviction) Act. 1950 (referred to as 'the Act' herein-after) do not apply to the demised property by virtue of the exemptions contained in s. 2 (2) of the Act. The plaintiff was, therefore, entitled to seek the defendant's eviction without seeking recourse to the grounds of eviction enumerated in section 13 (1) of the Act. The suit was resisted by the defendant. The tenancy was admitted but it was denied that later on the rent was increased from Rs 600/- to Rs. 720/ -. It was denied that provisions of the Act do not apply to the demised property or that the demised property was exempted from its operation under section 2 (2) of the Act. The validity of the notice was also challenged. The learned District Judge raised the following issues for decision- (1) Whether the provisions of Rajasthan Premises (Control of Rent & Eviction) Act, 1950 are not applicable to the demised property for reasons pleaded in para 5 of the plaint? (2) Whether the plaintiff is entitled to recover the rent at the rate of Rs. 720/- per month? (3) Whether the notice served by the plaintiff on the defendant is invalid? (4) Relief?

(3.) SINCE the controversies on the finding on issue No. 1 relate to the applicability of the exemptions mentioned in section 2 (2; of the Act, it would be proper to re-produce it. It reads as under- "sec. 2. Extent, commencement and application (1) This Act extends to the whole of the State of Rajasthan. (2) Sections 1 to 4 and 27 to 31 of this Act shall come into force at once, and the remaining provisions thereof shall extent to such areas in the State of Rajasthan and shall come into force therein with effect from such date as may be from time to time be notified by the State Government in the Official Gazette: Provided that nothing in this Act shall apply- (a) to any premises belonging to the Central Government or the State Government or a Local Authority; (b) to any tenancy or other like relationship created by a grant from the Central Government or the State Government in respect of premises taken on lease or requisitioned by the Government; (c) to Devasthan premises managed and controlled by the State Government. "