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1977 Supreme(Raj) 4

RAJINDAR SACHAR
Kishan Pyari – Appellant
Versus
Stat. Shanti Devi – Respondent


Advocates Appeared:
P.C. Mather and M.L. Johri, for Appellant; M.L. Kalla and Narrendra Vyas, for Non-Petitioner

SACHAR, J. (ORAL)—Whether an amendment made by incorporating sub-sec. (3) in sec. 14 of Rajasthan Premises (Control of Rent an Eviction) Act, hereinafter to be called "she Act", by means of Ordinance 26 of 1975 as replaced by Amendment Act 14 of 1976 will apply to suits for eviction which had been filed before the coming into force of the said amendment is the question that calls for decision in the present revision petition.

2. Section 13(1) (h) of the Act provides that no court shall pass any decree, in favour of a landlord, whether in execution of a decree or otherwise, evicting the tenant unless it is satisfied that the premises are required reasonably any bonafide by the landlord for the puspeses mentioned therein. This provision applies equally to premises let out for residential as well as commercial or business purposes.

3. On 30-3-72 the premises in dispute were let out to the petitioner-tenant. On 7-2-75 the respondent-landlord filed a suit under sec. 13(l)(h) of the Act on the allegation that he required the premises for his own personal bona fide use. It is common ground that the premises were let out for commercial and business purposes. During the pendency of the suit t



















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