LODHA, J.—This appeal has been brought by certificate granted under sec. 18 (2) of the Rajasthan High Court Ordinance from the judgment of the learned Single Judge dated 18th March, 1966 in S. B. Civil Misc. Application No. 61 of 1965 (in S. B. Civil Regular Second Appeal No. 452 of 1960).

2. The relevant facts giving rise to this appeal may be stated within a short compass :

3. The plaintiff-respondent Radheyshyam (landlord) filed a suit for arrears of rent and ejectment from a shop situated in Ramganj Bazar. Jaipur, against the defendant-appellants Namamal and others (tenants) on two grounds viz. that the defendants have not paid rent of the premises for more than twelve months and that the premises are required reasonably and bonafide by the landlord for his own occupation. The landlords plea for personal necessity was rejected by the trial court. However the suit for arrears of rent and ejectment was decreed on the ground that the defendant-tenants had committed default in payment of rent and had thereby incurred the liability to be ejected. On appeal by the defendants the learned Senior Civil Judge, Jaipur set aside the judgment and decree of the trial court and dismissed the suit on 8-2-1960, by giving the defendants benefit of sec. 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (which for the sake of brevity will be referred to hereinafter as "the Act").

4. Aggrieved by the judgment and decree of the Senior Civil Judge, Jaipur the plaintiff landlord filed appeal before this Court which was allowed on 8-4-1965 and the suit for ejectment was decreed only on the ground of default in payment of rent. On 30-4-1965 the defendants applied before the learned single Judge for grant of leave to appeal to the Division Bench from the judgment of the learned Single Judge under sec. 18(2) of the Rajasthan High Court Ordinance, 1949 but this application was rejected the same day. Thereafter on 3-5-1965 the defendants filed a petition under Art. 136(1) of the Constitution of India to the Supreme Court for grant of Special Leave to Appeal from the judgment dated 8-4-1965. While the application for grant of Special Leave to Appeal was pending before the Supreme Court, the plaintiff landlord took out execution of the decree passed by this Court on 8 4-1965 and obtained possession of the shop in question on 8-5-1965. The defendants application for grant of Special leave to Appeal to the Supreme Court under Art. 136(1) of the Constitution was also rejected on 18-5-1965.

5. Soon after the rejection of the petition for grant of Special Leave to Appeal to Supreme Court, sec. 13-A was inserted in the Act by sec. 3 of the Rajasthan Premises (Control of Rent and Eviction) Amendment Act No. 12 of 1965 which received the assent of the President on 2-6-1965 and was published in the Rajasthan Gazette, Part IV-A (Extra-Ordinary) dated 9-6-65. The amending Act came into force on 9th June, 1965 by virtue of S. 5 of the Rajasthan General Clauses Act, 1955. Since the question of applicability of sec. 13-A to the present case is the only point we are called upon to determine, it would be proper to reproduce this section in extenso :

"Sec. 13 A. Special provisions relating to pending and other matters : Notwithstanding anything in sec. 13, sub-sec. (l)(a), or sub-sec. (4) and the proviso thereto or sub-sec. (5) as they existed before the commencement of the amending Act :

(a) no court shall, in any proceeding pending on the date of commencement of the amending Act, pass any decree in favour of a land-lord for eviction of a tenant on the ground of non-payment of rent, if the tenant applies under clause (b) and pays to the landlord, or deposits in court, within such time such aggregate of the amount or rent in arrears, interest thereon and full costs of the suit as may be directed by the court under and in accordance with that clause :

(b) in every such proceeding, the court shall, on the application of the tenant made within thirty days fr

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