RAMESHWAR DAYAL Vs. MOHAN LAL

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree of first appellate court dated 4/5/2001, whereby, the learned first appellate court upheld the eviction decree and rejected the defendant tenant's appeal but however, directed the landlord, who sought eviction of the suit premises on the ground stated in Section 13(1)(k) of the Act as the suit premises i.e. shop in question had become unfit for human habitation, to give back the possession of the shop in question after necessary repairs to the tenant on a fresh rent note to be executed by him. A period of two months was granted to the landlord by the first appellate court for this purpose.

(2.) BEING aggrieved of only the said, part of the judgment & decree of first appellate court, the plaintiff landlord has approached this Court by way of present second appeal which was admitted by this Court on 23/3/2004 with the following substantial questions of law:

(3.) LEARNED Counsel for the appellant landlord Mr. Shishodia submitted that there is no such provision in the Rajasthan Rent Control Act, 1950 and the only provision allowing repossession of suit premises by the tenant is contained under Section 15 of the Rajasthan Rent Control Act, 1950, which read as under: