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1958 Supreme(Raj) 22

WANCHOO, DAVE
Shambhooram – Appellant
Versus
Mangal Singh – Respondent


Advocates Appeared:
L.N. Chhangani, for Petitioners; H.C. Jain, for Respondents

Wanchoo, C.J.—These are two connected revisions arising out of two suits for ejectment filed by Shambhooram and Sampatram against Mangal Singh in one case (43) and Yadram in the other (54). They have been referred to a Division Bench for disposal in view of the coflict between three Single Judge decisions of this Court, namely Daulatram vs. Bhomraj (1), Girraj Prasad vs. Shrimati Dhankan Bai (2), Suraj Narain vs. Khawas Balabux (3).

2. As common questions of law relating to the interpretation of sec. 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (No. XVII of 1950) (hereinafter called the Act) arise in them, I purpose to dispose them of by one judgment.

3. The facts of the two cases, which are relevant for present purposes, are there. Shambhooram and Sampatram are landlords and Mangal Singh and Yadram are their tenants. The tenants had taken their houses on rent originally at Rs. 6/- per mensem and executed rent notes in that connection. Before the 1st of April, 1951 the landlords gave notice to the tenants for enhancement of rent and consequently the tenants agreed to enhance the rent to Rs. 7/8/- per mensem from the 1st of April, 1951, They paid rent at this
























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