CHANDRA FILLING SERVICE Vs. RAM PRASAD

JUDGEMENT

(1.) IN these appeals a question has arisen before me : Whether Second Appeal is maintainable in cases where a decree for eviction ispassed under Section 13 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950.

(2.) I have heard learned counsel for the parties. The point in issue came for consideration before a Division Bench of this Court in M/s General Produce Co. Ltd., Jaipuria Mansion, Jaipur v. Sonmati Holdings, Johari Bazar, Jaipur, RLW 1996(1) Raj 567, wherein it was held that Second Appeal was not maintainable. learned counsel at Bar have cited Gyan Chandra v. Kunj Bihari Lal, AIR 1977 SC 858 : 1977(2) RCR 212(SC), and drew my attention to para 26 of the judgment, which reads as under: