Judgment

GOSWAMI, J. (on behalf of Chandrachud J. and himself):- The facts of the case relating to this appeal by special leave have been fully described in the judgment of our learned brother, Fazl Ali, J. We agree with the conclusion reached by him that this appeal should be dismissed. We also agree with our learned brother that the appeal should be dismissed on the merits.

2. However, so far as the question of law that arises in this appeal, we would like to confine our decision to the reasons given hereinafter.

3. The question of law that arises in this appeal is as to whether an application for special leave or an appeal by special leave to this Court is an "appeal" within the meaning of Section 13A of the Rajasthan Premises (Control of Rent and Eviction) Act 1950, as amended by the Rajasthan Ordinance No. 26 of 1975 (briefly the Act). We should, therefore, read Section 13A:

"13A Special provisions relating to pending and other matters: Not-withstanding anything to the contrary in this Act as it existed before the commencement of the Ordinance or in any other law,

(a) no court shall, in any proceeding pending on the date of commencement of the amending Ordinance pass any decree in