SHRIMAL, J.—-This second appeal In execution proceedings by Maggi Bai is directed against the judgment dated December 9, passed by the learned Additional District judge No 1, Jodhpur, whereby he set aside the order dated November 12, 1975 passed by Munsiff City, Jodhpur in Execution Case No. 83 of 1975. By the same order he reminded the case back to the learned Munsiff and directed him to-enquire as to whether the landlords case was covered by sec. 14(2) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (herein* after referred to as the Act) as amended by the Act No. 14 of 1976 If covered thereunder, he was asked to proceed to execute the decree by delivering the possession to the land-lord in accordance with the law but not otherwise. The facts giving rise to this appeal are that the appellant Is the landlord of a shop situated in Ada Bazar, Jodhpur, rented out by her to Sitaram-respondent. The appellant Maggi Bai filed a suit for eviction against the respondent on a number of grounds including the ground of personal necessity. The suit was decreed on the ground of personal necessity by the learned Munsiff, City, Jodhpur on Novenber 29, 1971 and a decree for ejectme

Click Here to Read the rest of this document