NAMAMAL Vs. RADHEY SHYAM

JUDGEMENT

(1.) THIS appeal has been brought by certificate granted under Section 18 (2) of the rajasthan High Court Ordinance from the judgment of the learned Single Judge dated 18th March, 1966 in S. B. Civil Misc. Application No. 61 of 1965 (in S. B. Civil Regular Second Appeal No. 452 of 1960),

(2.) THE relevant facts giving rise to this appeal may be stated within a short compass.

(3.) THE plaintiff-respondent Radhey-shyam (landlord) filed a suit for arrears of rent and ejectment from a shop situated in Ramganj Bazar, Jaipur, against the defendants-appellants Namamal and others (tenants) on two grounds viz. , that the defendants have not paid rent of the premises for more than twelve months and that the premises are required reasonably and bona fide by the landlord for his own occupation. The landlord's plea for personal necessity was rejected by the trial Court. However the suit for arrears of rent and ejectment was decreed on the ground that the defendant-tenants had committed default in payment of rent and had thereby incurred the liability to be ejected. On appeal by the defendants the learned Senior Civil Judge, Jaipur set aside the judgment and decree of the trial court and dismissed the suit on 8-2-1960, by giving the defendants benefit of section 13 (4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (which for the sake of brevity will be referred to hereinafter as "the Act" ).