SURAJ BHAN Vs. CHANDRA PRAKASH

JUDGEMENT

(1.) THESE two revision applications are being disposed of together because they raise a common question in law.

(2.) IN Civil Revision No. 434 of 1968, the plaintiffs-non-petitioners filed a suit for ejectment and arrears of rent against the petitioner on 28th February, 1967 with the allegation that the construction of the house was completed in February, 1961 and as such the provisions of the Rajasthan Premises (Control of Rent and Eviction), Act (hereinafter called the Act) did not apply to it. The defendants contested the suit on various grounds and also stated that the house had been constructed in the year 1959 and the provisions of the Act applied to it. On 3rd January, 1968, after the case had been adjourned several times the plaintiffs sought leave of the court to amend the plaint in order to take an additional ground for eviction i. e. , default in the payment of rent for more than six months by the defendant with effect from 1st October, 1966 to January, 1968. The learned Civil Judge, Jaipur City allowed the amendment application and hence this revision application by the defendant.