S. K. MAL LODHA, J.—These two connected revisions before me involve a common question of law and, therefore, it will be convenient to dispose them of by a common order.

2. The petitioner is defendant-tenant and the non-petitioner is plaintiff-land lady. The plaintiff instituted a suit for arrears of rent and ejectment against the defendant in the court of Munsif City, Jodhpur on February 7, 1975 on the ground of reasonable and bonafide necessity under section 13(1) (h) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (the Act hereafter). It is common ground between the parties that the shop was let out for commercial and business purposes. During the pendency of the suit, the Act was amended. By means of amendment sub-sections (2) and (3) were added by the amending Ordinance No. XXVI of 1975 with effect from September 29, 1975 Ordinance No. XXVI of 1975 was replaced by the Rajasthan Premises (Control of Rent & Eviction) Amendment Act, 1976 (No. XIV of 1976) published in the Rajasthan Gazette Extra-ordinary Part IV-A, dated February 13, 1976. Sub-secs. (2) and (3) of sec. 14, read as under :

"(2) No decree for eviction on the ground set forth in clause (h) of subsectio

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