JUDGMENT :

SANJAY KISHAN KAUL, J.

1. Leave granted.

Procedural History:

2. The respondent is the tenant of a shop situated at Plot E-2, Kamani Mansion, Paanch Batti, MI Road, Jaipur, with the appellant as the landlord. The appellant purchased the property from its erstwhile owner, M/s Jaipur Metal Electric Co. on 30.01.1985. At the time, the tenanted premises were already under the tenancy of the respondent.

3. The appellant filed a suit for eviction on grounds of bona fide necessity before the Additional Civil Judge-I, Jaipur, on 21.05.1985. The suit was dismissed on 30.10.2002, inter-alia, on a finding that the plaint was not laid in accordance with Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as ‘the said Act’) which proscribed the filing of a suit for eviction within five years from the date on which the premises were let out to the tenant. The Trial Court found that the premises were leased only on 08.06.1982 by the predecessor in interest of the appellant.

4. The appellant thereafter succeeded in the first appeal before the Additional District Judge, Jaipur, in terms of the judgment dated 18.03.2004. This was based on a