KISHAN PYARI Vs. SHANTI DEVI

JUDGEMENT

(1.) WHETHER an amendment made by incorporating Sub-section (3) in Section 14 of Raiasthan Premises (Control of Rent and Eviction) Act hereinafter to be called 'the Act', by means of Ordinance 26 of 1975 as replaced by Amendment Act 14 of 1976 will apply to suits for eviction which had been filed before the coming into force of the said amendment is the question that calls for decision in the present revision petition.

(2.) SECTION 13 (1) (h) of the Act provides that no court shall pass any decree, in favour of a landlord, whether in execution of a decree or otherwise, evicting the tenant unless it is satisfied that the premises are required reasonably and bona fide by the landlord for the purposes mentioned therein. This provision applies equally to premises let out for residential as well as commercial or business purposes.

(3.) ON 30-3-72 the premises in dispute were let out to the petitioner-tenant. On 7-2-75 the respondent-landlord filed a suit under Section 13 (1) (h) of the Act on the allegation that he required the premises for his own personal bona fide use. It is common ground that the premises were let out for commercial and business purposes. During the pendency of the suit the Act was amended by act No. 14/76 and Sub-clause (3) was added in Section 14 of the Act which is as under :-" 14 (3) Notwithstanding anything contained in any law or contract, no suit for eviction from the premises let out for commercial or business purposes shall lie against a tenant on the ground set forth in cl. (h) of sub-section (1) of Section 13 before the expiry of five years from the date the premises were let out to the tenant. "