CHANDRA KALA Vs. JEEWANI

JUDGEMENT

(1.) THIS is plaintiff's second appeal against the judgment and decree passed by Additional Civil Judge, Ajmer, reversing the decree and judgment passed by Munsif and Judicial Magistrate, Nasirabad, dismissing the suit of the plaintiffs.

(2.) THE plaintiffs owned a shop which was given on rent to defendant Ramlal Verma (since deceased ). THE tenancy was terminated by a notice dated December 14, 1970, during the life time of Ram Lal Verma. Ram Lal Verma expired on September 6, 1972, and thereafter the plaintiffs filed the present suit for arrears of rent and eviction against the legal representatives of Ram Lal Verma, his widow and three sons, on the group of default as no rent was paid from December 1,1969.

(3.) ON the other hand, learned counsel for the respondents has submitted that the Cantonments (Extension of Rent Control Laws) Act 1957 (Act No. 46 of 1957), was amended and the words "on the date of the notification" from sub-sec. (1) of Sec. 3 have been deleted and shall be deemed always to have been omitted. Therefore, Section 3 after the amendment of 1972 implies that no fresh notification was necessary and since the amendment in the Rajasthan Act was retrospective, the amendment in the Rajasthan Act was applicable in the Cantonment Area of Nasirabad also and no fresh notification was necessary.