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1983 Supreme(Raj) 1

S.K.M.LODHA, S.C.AGRAWAL
Jamandass – Appellant
Versus
Gokuldass – Respondent


Advocates Appeared:
N.N. Mathur, for Petitioner; N.P. Gupta, for Non-petitioner.

S.K. MAL LODHA, J.—This revision has been referred by one of us (Agrawal, J.) to the Division Bench as it involves an important question of law whether the amendments introduced in s. 6 of the Rajasthan Premises (Control of Rent and Eviction) Act (No. XVII of 1950) (for short the Act) by which the Rajasthan Premises (Control of Rent and Eviction) Amendment Ordinance, 1975 (Ordinance No. XXII of 1975) (hereinafter referred to as the Ordinance) which was promulgated on Sept. 29, 1975 and which was subsequently replaced by the Rajasthan Premises (Control of Rent and Eviction) (Amendment) Act, 1976 (the Amendment Act hereinafter) fall in the category of amendments which are intended to have retrospective operation or they fall in the category of amendments which do not have retrospective operation.

2. We may first notice the material facts the non-petitioner (plaintiff-tenant) instituted a suit on April 29, 1970 against the petitioner (defendant land lord) under s. 6 of the Act for fixation of standard rent in respect of the shop which was let out by the petitioner to the non-petitioner. The shop was first let out by the petitioner in 1957 to Radhamal Sindhi at a rent of Rs.40/- per mon




















































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