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2016 Supreme(Raj) 104

DINESH CHANDRA SOMANI, AJAY RASTOGI
Chetan Prakash – Appellant
Versus
Additional District Judge No. 2, Kota – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rajvir Sharma
For the Respondents: Mr. J.P. Goyal, Mr. Arvind Gupta, Mr. Abhi Goyal, Ms. Manisha Surana

JUDGMENT :

Rastogi, J.

Learned Single Judge of this Court because of the two conflicting views expressed by different coordinate Single Benches of this Court on the question in regard to interpretation of Section 13(4) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (in short, 'the Act 1950') in the case of Gopal Singh Vs. Civil Judge(JD), Bijaynagar, District Ajmer & Ors., 2011(1) CDR 333(Raj.), and in Jagannath Vs. Jodha Ram , 1980 RLW 42 & Jamna Lal Vs. Kanhaiya Lal, 1982 WLN 751, referred the matter to the Hon'ble Chief Justice for placing the question for determination by a Division Bench of this Court vide order dated 17.12.2013, in pursuant thereto, the matter has been placed before us.

2. The facts, in brief, necessary for examining the question raised for our consideration, are that the revision-petitioner/landlord filed a suit for eviction, inter alia, on the ground of bonafide necessity and default as the defendant/respondent has not paid the rent since 01.06.1992, continuously for six months before filing of the suit. After the notices of the suit ca




































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