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1975 Supreme(Raj) 150

MODI
Prahhashanker – Appellant
Versus
Rukmani – Respondent


Advocates Appeared:
C.K. Garg, for Appellant; G.L. Agarwal, as Intervenor; M.L. Panwar, for Respondents; H.M. Parikh as Intervenor

MODI, J.—This second appeal arises out of a suit filed by Kanhaiyalal (since deceased) and his brother Vasudeo to eject the tenant defendant, who is appellant in this appeal.

2. The suit was filed on 11-10-71 when the provisions of the Rajasthan Pre-mises (Control of Rent and Eviction) Act, 1950, were in force. Both the lower courts took the view that the land-lords required the demised premises bona fide and reasonably for their own occupation and for the occupation of their family members. The courts below therefore decreed the suit for ejectment in favour of Vasudeo and the legal representatives of Kanhaiyalal who died during the pendency of the suit in trial court. The tenant has preferred this second appeal. During the pendency of the second appeal in the Court, the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, hereinafter referred to as the Act, was amended by the Rajasthan Premises(Control of Rent and Eviction) (Amendment) Ordinance, 1975 (Ordinance No.26 of 1975), hereinafter called as the Amendment Ordinance of 1975, on 29-9-75.

3. It is contended on behalf of the tenant-appellant that in view of sec. 14(2) of the Act as amended by the Amendment Ordinance of 1






























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