Order

Reserved on :- 18/03/2025 Pronounced on:- 24/03/2025

1. Heard the parties.

2. The plaintiff-respondent filed Original Civil Suit No.81/1990 (re-numbered as Nos.389/1995 and 38/2012) on 27.09.1990 for ejectment of the appellant from the suit premises as well as for injunction on two grounds:- first the appellant-tenant materially altered the suit premise to diminish its value; secondly, the plaintiff had personal necessity of the suit premise. The suit was decreed by judgment and decree dated 26.05.2012 on both the grounds.

3. The decree was challenged in Civil Appeal No.14/2013, which was dismissed by judgment and decree dated 18.12.2021, hence, this second appeal.

4. Learned counsel for the respondent has raised preliminary objection on maintainability of this second appeal in view of the specific bar contained in Section 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, which was applicable on the date of the institution of the suit. The said provision reads as follows:-

“Section 22 – Appeal & Revision:-

(1) From every decree or order passed by a Court under this Act, an appeal shall lie to the Court to which appeals ordinarily lie from original decrees and or