BANSHI LAL AND OTHERS Vs. SAMIR SINGH

JUDGEMENT

(1.) This is a second appeal against the judgment and decree of the Civil Judge, Bhilwara, dated August 28, 1975, in a suit for eviction and arrears of rent.

(2.) The plaintiff-respondent filed a suit against Ram Kumar alleging that Ram Kumar took the suit shop on rent at the rate of Rs. 30/- per mensem on August 21, 1958. The plaintiff sought eviction of the tenant Ram Kumar on the ground of reasonable and bonafide necessity. The defendant Ram Kumar admitted having taken the shop on rent at the rate of Rs. 30/- per mensem. He, however, disputed that the plaintiff required the disputed shop reasonably and bonafide for his own business or for the business of his brothers and sons. The defendant also challenged the validity of the notice terminating the tenancy served upon the plaintiff before the filing of the suit. On the pleadings of the parties, the following issues were framed :-

(3.) Before this appeal was filed in this Court, the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, was amended by the Rajasthan Ordinance No. 26 of 1975 published in Rajasthan Gazette on September 29, 1975. The Ordinance was subsequently enacted into an Act of the Legislature viz., the Rajasthan Premises (Control of Rent and Eviction) (Amendment) Act, 1976 (Act No. 14 of 1976) on February 13, 1976. After the amendment, clauses (d), (e) and (f) Section 13-A read as under :-