JAMNA LAL MOHAN LAL Vs. BARKAT ALI

JUDGEMENT

(1.) - By order dated July 8, 1980, the learned Single Judge has referred this revision petition to the larger Bench as the revision petition involves an important question of law as to the interpretation of Sec. 15 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short 'the Act') as amended by the Rajasthan Premises (Control of Rent and Eviction) (Amendment) Ordinance, 1975 (Ordinance No. 26 of 1975) promulgated on September 29, 1975, which was subsequently replaced by the Rajasthan Premises (Control of Rent and Eviction (Amendment) Act, 1976 (Act No. 14 of 1976).

(2.) THE facts leading to the present revision petition are, briefly stated as under : - THE non-petitioner No. 1 Barkat Ali instituted a civil suit No. 344 of 1967 against the petitioners for eviction on the ground that he needs the suit-shop for carrying on business of stationery by his son Abbas Ali and the suit was decreed on August 19, 1968. THE decree-holder obtained possession of the suit-shop on August 5, 1972. THE petitioners submitted an application under Sec. 15 of the Act on the ground that after obtaining the possession of the suit-shop, the same has not been put to use or purpose for which, the decree was obtained. THE decree-holder's son Abbas Ali continues to do his business at Baneda. THE decree holder has let-out the suit-shop on a monthly rent of Rs. 51/- to non-petitioner No. 2 M/S Suwalal Kanhaiyalal and Company on November 5, 1973. It was alleged that the decree-holder has played fraud in obtaining the decree. It was prayed that possession of the suit-shop may be restored to the petitioner. THE application was filed on January 10, 1974.

(3.) IN the statement of objects and reasons, it was stated that one of the change brought about in the Principal Act by the Ordinance, was - "(9) If the landlord failed to occupy the premises from which a tenant had been got ejected on the ground of personal necessity within two months of obtaining possession thereof or re-let such premises within one year in case of residential premises or within five years in case of commercial premises, the court might restore the possession of the same to the evicted tenant."