SHIV SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution by Shivshankar praying for a writ of certiorari quashing the order of the Collector, Udaipur, ordering the eviction of the applicant from a house of which he was tenant.

(2.) THE facts of the case are that the applicant took a house on rent from the 1st of May 1944 under a written lease from opposite party No. 4 and the tenancy was a monthly tenancy. One of the terms of the lease was that the landlord would have to give two months' notice before asking the tenant to vacate the house. It may be mentioned that the Transfer of Property Act was not in force in Udaipur, from where this case comes, when the tenancy arose. From July, 1948, however, the United State of Rajasthan Buildings (Lease and Rent Control) Ordinance, 1948, (Ordinance No. XXII of 1948) hereinafter called the Ordinance, came into force in that area. On the 10th of February 1950 the landlord gave notice to the applicant to vacate the house on or before the 28th of February, 1950. THEreafter the landlord filed an application on the 29th of March 1950 before the Rent Controller, Udaipur, for an order evicting the applicant and directing him to hand over possession of the house under sec. 7 of the Ordinance. This application before the Rent Controller, Udaipur, seems to have dragged on and was only decided in December 1955. THE Rent Controller ordered the eviction of the applicant and gave him two months' time to vacate the house. THE applicant went in appeal to the District Magistrate and his appeal was dismissed. Consequently, the present application was filed in this Court.