GOVIND SINGH Vs. RAJKRISHNA SINGH

JUDGEMENT

(1.) THIS is a reference by the Munsif, Udaipur under sec. 113 of the Code of Civil Procedure, and has arisen under the following circumstances -

(2.) A suit was filed in November, 1952, by Govind Singh and others against Rajkrishna Singh for arears of Rent and ejectment of the defendant. The defendant claimed the benefit of sec. 13 of the Rajasthan Premises (Control of Rent and Eviction) Act (No. XVII) of 1950, (hereinafter called the Rajasthan Act) which lays down certain special conditions which have to be fulfilled before a tenant can be ejected from his house, Thereupon, the plaintiff raised two pleas - (1) That the Rajasthan Act was not in force as sec. 31, sub-sec.(1) of the Act providing for extension of the duration was ultra vires of the powers of the legislature, and ! (2) that sec. | 13 of the Act being repugnant to certain provisions of the Transfer of Property Act and Contract Act and the Civil Procedure Code and, the assent of the President not having been obtained, this section was, to the extent of the repugnancy, void. The Munsif was of the view that the extension of the Rajasthan Act by the Rajpramukh was ultra vires, and therefore the Act was no longer in existence. He was also of the view that sec. 13 of the Act was repugnant to sec. 108 (q) of the Transfer of Property Act and certain provisions of the Civil Procedure Code and the Contract Act, which, however, he did not specify. There fore,; he made this reference under sec.113 of the Code of Civil Procedure.