Goswami, J. - (1.) The facts of the case relating to this appeal by special leave have been fully described in the judgment of our learned brother, Fazl Ali, J. We agree with the conclusion reached by him that this appeal should be dismissed. We also agree with our learned brother that the appeal should be dismissed on the merits.
(2.) However, so far as the question of law that arises in this appeal, we would like to confine our decision to the reasons given hereinafter.
(3.) The question of law that arises in this appeal is as to whether an application for special leave or an appeal by special leave to this Court is an "appeal" within the meaning of Section 13A of the Rajasthan Premises (Control of Rent and Eviction) Act 1950, as amended by the Rajasthan Ordinance No. 26 of 1975 (briefly the Act). We should, therefore, read Section 13A: "13A Special provisions relating to pending and other matters:Not-withstanding anything to the contrary in this Act as it existed before the commencement of the Ordinance or in any other law, (a) no court shall, in any proceeding pending on the date of commencement of the amending Ordinance pass any decree in favour of a landlord 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 of 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 from the date of commencement of the amending ordinance, notwithstanding any order to the contrary, determine the amount of rent in arrears upto the date of the date of the order as also the amount of interest thereon at six per cent per annum and costs of the suit allowable to the landlord; and direct the tenant to pay the amount so determined within such time, not exceeding ninety days, as may be fixed by the court, and on such payment being made within the a time, fixed as aforesaid, the proceeding shall be disposed of as if the tenant had not committed any default; (c) the provisions of clauses (a) and (b) shall mutatis mutandis apply to all appeals, or applications for revision, preferred or made after the commencement of the amending Ordinance, against decrees for eviction passed before such commencement with the variation that in clause (b), for the expression "from the date of commencement of the amending Ordinance", the expression "from the date of the presentation of the memorandum of appeal or application for revision" shall be substituted; (d) not court shall in any proceeding pending on the date of commencement of the amending Ordinance, pass any decree in favour of a landlord for eviction solely on the ground that due to the death of the tenant as defined in clause (vii) of Section 3 as it stood before the commencement of the amending Ordinance, his surviving spouse, son, daughter and other heir as are referred to in sub-clause (b) of clause (vii) of Section 3 were not entitled to the protection against eviction under this Act as it stood before the commencement of the amending Ordinance; (e) no decree for eviction passed by any court before the commencement of the amending Ordinance shall, unless the same already stands executed before such commencement be executed against the surviving spouse, son, daughter and other heir as are referred to in sub-clause (b) of clause (vii) of Section 3 if such decree was passed solely on the ground as is referred to in clause (d) and such decree shall be deemed to be a nullity as against them; and (f) the provisions of clause (d) shall mutatis muntandis apply to all appeals, or applications for revision preferred or made, after the commencement of the amending Ordinance, and Explanation:For the purposes of this section:- (a) amending Ordinance means the Rajasthan Premises (Control of Rent and Eviction) (Amendment) Ordinance, 1975; and (b) Proceeding means suit, appeal or application for revision.";