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1972 Supreme(Raj) 130

JAGAT NARAYAN
Banwarilal – Appellant
Versus
Balkishen – Respondent


Advocates Appeared:
N.M. Lodba, for petitioner Banwarilal; R.K. Rastogi and J.S. Rastogi, for petitioner Mondial; S.C. Bhandari and Rajesh Balia, for plaintiff-non-petitioner

JAGAT NARAYAN, C.J.—These two revision applications can be conveniently disposed of by one judgment as the same questions of law arise in both of them.

2. They arise out of two suits for recovery of arrears of rent and for eviction from two shops owned by Balkishen plaintiff. The tenant of the shop in S. B. Civil Revision No. 41 of 1972 is Banwarilal and that of shop in S. B. Civil Revision No.50 of 1972 is Nandlal. Both suits were filed on 15-11-1964. The premises are situate in Rajgarh town of Churu District. The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. XVII of 1950) (hereinafter to be referred to as the Act) was published in the gazette on 23 12-1950. Secs. 1 to 4 and 27 to 31 of the Act came into force atonce all over Rajasthan. The remaining sections were not in force in Rajgarh town when the present suit was instituted. They came into force during the pendency of the present suit on 31-3 67. The first date of hearing fixed in the two suits was 22-12-65. Both the suits were based on two grounds. The first ground was that the tenant had neither paid nor tendered the rent due from him for six months. The second ground was that the shops were required b



















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