BAHIRUMAL BASDEV Vs. LALIT KISHORE

JUDGEMENT

(1.) This is a second appeal by defendant-tenant against the judgment and decree of the District Judge, Kota, dated May 2, 1975, in a suit for eviction and arrears of rent.

(2.) The dispute relates to a shop situate at Kota and fully described in paragraph No. 1 of the plaint. The plaintiff-respondent, who is a practising lawyer at Kota, sought eviction of the defendant on the ground that the disputed shop was required by him bona fide and reasonably for his office. Both the courts below decreed the suit against the defendant holding that the bona fide and reasonable requirement of the suit premises by the plaintiff under Section 13 (1) (h) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as "the Act") was proved. Dissatisfied with the decree passed by the lower appellate court, the defendant has preferred this second appeal.

(3.) On September 29, 1975, Section 14 of the Act was amended by the Rajasthan Premises (Control of Rent and Eviction) (Amendment) Ordinance, 1975. Section 10 of the Ordinance, which amends Section 14 of the Act, runs as under: