DEVI Vs. SAJJAN VEER CHAND

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 7-4-99 passed by the learned Additional Civil Judge (Junior Division) No. 5, Jodhpur in Execution Misc. Case No. 5/99, rejecting the application moved under Section 47 CPC.

(2.) IT is urged by the learned counsel for the revisionist Mr. R.R. Chacha that sub-section (1) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as Act No. 17 of 1950) clearly provides that no Court shall pass any decree or make any order in favour of a landlord whether in execution of a decree or otherwise evicting the tenant, so long as he is ready and willing to pay rent, unless any of the grounds enumerated under Clauses (a) to (1) of sub-section (1) of Section 13 of Act No. 17 of 1950 are satisfied.

(3.) WITH all respect at my command, I am not able to subscribe the interpretation taken by the learned Single Judge of this Court in the case of Rakesh Gupta, 1992(2) Raj LW 398 (supra) for the reason that while interpreting non obstante sub-section (1) of Section 13 of Act No. 17 of 1950, the following mandatory provisions envisaged under Section 15 of Act No. 17 of 1950 escaped the notice of the learned Single Judge which read thus :-