FIRM KHILA RAM JAWAHAR LAL Vs. GHISI BAI

JUDGEMENT

(1.) THIS is the defendant -tenant's second appeal arising out of a suit for ejectment in respect of a shop situated in the city of Kota.

(2.) THE ejectment was sought on the ground of reasonable bonafide and personal necessity as well as default in payment of rent.

(3.) A perusal of the amended provisions of Section 14(2) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 as amended by Ordinance No. 26 of 1975 reveals that the effect of the amendment is that while previously if a landlord required the demeaned premise's reasonably arid bonafide for the use and occupation for himself or for high family he could obtain a decree for the eviction of a tenant but after the amendment the court will have no further examine the question of comparative greater hardship, between the landlord and the tenant before, passing decree for eviction, against the defendant. Besides this the tenant to further entitled to the benefit of Section 13A of Act No. XVII of 1950 as amended by the provisions of Ordinance No. 26 of 1975. In the case on hand the decree passed by the first appellate court has been passed only on the basis of default in payment of rent so the judgments and decrees of the court below are liable to be set aside in, high of the above mentioned two provisions of law. The learned Counsel for the respondent is not in a position to controvert this.