AMBEY PRASAD Vs. JAIPUR METALS AND ELECTRICALS LTD

JUDGEMENT

(1.) THIS is a tenant's second appeal directed against the judgment and decree of the Senior Civil Judge, Jaipur City directed his eviction from the property in dispute.

(2.) FACTS which are necessary for the Disposal of this appeal briefly stated are these : Ambey Prasad took on lease a shop and a seller from the Jaipur Metals and Electricals Ltd. on a monthly rent of Rs. 50/- and Rs. 15/- respectively. The Munsiff, Jaipur City East decreed the plaintiff's suit directing the ejectment of the tenant on the ground of his making default in the payment of rent for the premises in question. The tenant preferred an appeal against the decree. The Senior Civil Judge, Jaipur, City, affirmed it in appeal. An appeal was presented to this Court on 19. 9. 1961. An interim stay of the tenant's ejectment was granted but the same was vacated on 8th January, 1962 giving the tenant three months' time to vacate the premises. The learned counsel for the parties are agreed that the tenant was ejected with the assistance of the Court some time in 1962.

(3.) ANOTHER argument urged was that the application made by the appellant under sec 13-A is barred by time. The learned counsel's argument was that the Act received the assent of the President on 2nd June, 1965 and 30 days thereafter would bring us to the 1st of July, 1965 and the application having been presented on 8th July, 1965 was clearly barred by time. This argument ignores sec. 5 (1) (a) of the Rajasthan General Clauses Act, which lays down that - "sec. 5 (1 ).- Where any Rajasthan Law made after the first day of November, 1958, is not expressed to come into operation on a particular day, then it shall come into operation - (a ). . . . . . . . . . . . . . . . . . . . . . . . . . . when it is first published in the Rajasthan Gazette. " It is not contested that the amending Act was published in the Rajasthan Gazette on 9th June, 1965. The application was made on 8th July, 1965; therefore, it was clearly within 30 days and not barred by time.