M.C. JAIN, J.—This revision is directed against the order dated 2.2.88 passed by Munsif Bikaner whereby the petitioners objection that decree is nullity on the ground that the suit for eviction did not lie u/sec. 14 (3) of the Rajasthan premises Control (Rent & Eviction) Act, 1950 was dismissed.

2. These facts are not in dispute that the decree-holder filed a suit for eviction of shop on 1-12-81. That suit was decreed by the trial court and the decree was maintained up to the High Court in second appeal and the plaintiff decree holder submitted an execution application No. 47/84 for issuance of warrant of possession. In execution of the decree, the judgment debtor petitioner submitted an objection that under sub sec. 3 of Sec. 14 there is a provision beginning with the non abstante clause to the effect that no suit for eviction from the premises let out for commercial or business purposes shall lie against a tenant on the ground set forth in clause (h) of sub-sec. (1) of sec. 13 before the expiry of five years from the date the premises were let out to the tenant. According to the judgment debtor the premises were let out to him on 22.12.76 as alleged in the plaint and five years ha

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