SETH RAJMAL Vs. KRISHAN SWAROOP

JUDGEMENT

(1.) THIS is a second appeal by the landlord in a suit for ejectment and arrears of rent.

(2.) THE appellant landlord instituted a suit for ejectment on 16-10-1951, on the ground that the premises were required reasonably and bona fide for the use of the landlord. He claimed arrears of rent amounting to Rs. 125/- and Rs. 32/- on account of damages at the rate of Rs. 2/- per day on the expiry of the time limit contained in the notice to quit. The suit was contested by the defendant on a plea that no certificate from the rent Controller had been obtained prior to the institution of the suit, as required by Section 14 (1) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. XVII of 1950 ). He denied that the premises were required by the landlord reasonably and bona fide for his own use, and further he questioned the validity of the notice to quit. The trial court, after evidence, found that the premises were required reasonably and bona fide by the plaintiff for his own purposes, that the notice to quit was valid notice, and that the pre-requisite condition of obtaining a certificate from the rent Controller had been done away with by a subsequent amendment of law by act No. IX of 1952, brought into force from 29-3-1952, by which the provision for obtaining a certificate from the Rent Controller was deleted. It gave a decree for arrears of rent and damages amounting to Rs. 133/-, and ordered eviction of the defendant. The defendant filed an appeal only as regards the order for ejectment. The learned Senior Civil Judge, who heard the appeal, was of opinion that the obtaining of the certificate from the Rent Controller being a necessary condition for the institution of the suit, the plaintiff was not competent to institute the suit on 16-10-1951, and that the subsequent amendment did not improve his position. He accordingly allowed the appeal, and dismissed the suit as regards his prayer for ejectment of the defendant. The plaintiff landlord has come in second appeal.

(3.) IT may be mentioned that the law in force on 16-10-1951, was the Rajasthan premises (Control of Rent and Eviction) Act, 1950 No XVII of 1950) as it stood unamended by Act No. IX of 1952. Under Section 14 (1) of that Act it was laid down that: