SHAMBHOORAM Vs. MANGALSINGH

JUDGEMENT

(1.) THESE are two connected revisions arising out of two suits for ejectment filed by shambhoo Ram and Sampatram against Mangalsingh in one case (43) and Yadram in the other (54 ). They have been referred to a Division Bench for disposal in view of the conflict between three Single Judge decisions of this Court, namely daulatram v. Bhomraj, 1955 Raj LW 373; Girraj Prasad v. Dha Kan Bai, 1955 Raj lw 378: Suraj Narain v. Khawas Bala Bux, 1955 Raj LW 379.

(2.) AS common question of law relating to the interpretation of Section 13 of the rajasthan Premises (Control of Rent and Eviction) Act, 1950 (No. XVII of 1950) (hereinafter called the Act) arise in them, I propose to dispose them of by one judgment.

(3.) THE facts of the two cases, which are relevant for present purposes, are these. Shambhooram and Sampatram are landlords and Mangalsingh and Yadram are their tenants. The tenants had taken their houses on rent originally at Rs. 6/-per mensem and executed rent-notes in that connection. Before the 1st of April, 1951 the landlords gave notice to the tenants for enhancement of rent and consequently the tenants agreed to enhance the rent to Rs. 7/8/-per mensem from the 1st of april, 1951. They paid rent at this enhanced rate for a few months. Thereafter there was some dispute and they stopped paying rent. Consequently, the landlords gave notice on the 13th of August, 1953 to the tenants to pay the arrears of rent and also asked them to vacate the premises by the 31st of August, 1953 in view of their continued failure to pay the rent.