RAM NIWAS Vs. NIHAL SINGH

JUDGEMENT

(1.) THIS is a plaintiffs second appeal against the appellate decree of the Civil Judge, Balotra dated 23th September, 1954, dismissing the plaintiff's suit for ejectment in respect of a shop situated in Balotra.

(2.) THE facts, which to a great extent are not in dispute, are as follows : - THE defendant Nihal Singh came to Balotra some time after 1947. He took on rent a shop belonging to the original plaintiff, Mst. Munni widow of Megraj now dead and represented by Ramniwas (a legatee under a will) at Rs. 16/12/- per month. When this shop was taken on lease, is not clear from the materials on record. It, however, appears that soon after, the defendant Nihal Singh took proceedings before the Sub-divisional Officer, Balotra for the determination of the fair rent under the Marwar House Rent Control Act No. XXV of 1949 (hereinafter referred to as the Marwar Act ). THE Sub-divisional Officer vide his order dated 6th July, 1950 fixed fair rent of the shop as Rs. 9/- per month. A fresh rent-note was thereupon executed by the defendant Nihal Singh in favour of Mst. Munni on 6th July, 1950, in which a specific condition was incorporated, reading as follows : - jkt js dkuwu jh 'krksz jks myy?kau jsav davªksy jh dj. k ij Fks [kkyh djk ldksyk] ojuk ugha

(3.) HOWEVER, discussing the effect of the condition in the lease already quoted in full, he purported to hold that the insertion of the condition in the lease-deed amounted to the incorporation of the provisions of the Marwar Act in force at the time of the execution of the rent note regarding the protection of tenants against eviction and the ground on which the tenant could be ejected, into the rent-note as the terms and conditions of the lease itself binding upon the parties irrespective of the continuance or the repeal of the law. In this view of the agreement, the repeal of law did not affect the rights of the parties and the tenant was not liable to be ejected except on the grounds mentioned in the Marwar Act.