NARAYAN CHAND Vs. KRISHNA KUMAR

JUDGEMENT

(1.) THIS is plaintiff's second appeal in a suit for ejectment and it arises out of the following circumstances,

(2.) IT is common ground between the parties that the plaintiff's father constructed the suit shop in the month of March, 1956, and it was given on rent to defendant Krishna Kumar on 1st April, 1957, and that the rent was fixed at Rs. 32/- per month. IT is alleged that the defendant did not pay the rent in time and violated the terms of his tenancy, therefore, the plaintiff, who became the owner of the shop by virtue of a gift deed executed in his favour by his father on 22nd September, 1958, served the defendant with a notice on 27th October, 1960, terminating his tenancy from 1st December, 1960 and thereafter filed the present suit for arrears of rent and ejectment. The suit was opposed by the defendant and the trial somehow continued upto 8th of March, 1963. By the time the judgment was pronounced in the case by the trial court, the period of seven years which excluded the suit property from the operation of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter called the Act) elapsed and therefore the court held that no decree for ejectment can be passed on any ground other than those mentioned in sec. 13 of the Act and since the plaintiff's suit did not fall within the ambit of the Act the suit was dismissed. Learned District Judge, Jodhpur also upheld the view of the trial court in appeal.

(3.) FOR the reasons given above, I do not find any substance in this appeal and it is, therefore, dismissed, but looking to the circumstances of the case, I pass no order as to costs. .