INDERJEET SINGH,J. - (1.) While hearing S.B. Civil Second Appeal No. 230/2004 (M/s. Taluka Stores Vs. Ravi Khandelwal), on a preliminary question regarding maintainability of the suit being raised, the learned Single Judge while framing question of law referred it to the Larger Bench for consideration, the question of law so framed reads as under:- "Whether the limitation of five years specified in Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 bars the institution of the suit itself or whether it has only the consideration of the suit and passing of a decree therein? "
(2.) Before adverting to the conflicting judgments passed by respective Single Benches of this Court on the question involved in the matter, we would first like to quote Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter to be referred as the Act of 1950), which reads as under:- "Section 14(3) Restrictions on eviction:- "Notwithstanding anything contained in any law or contract, no suit for eviction from the premises let out for commercial or business purposes shall lie against a tenant on the ground set forth in clause (h) of sub-section (1) of Section 13 before the expiry of five years from the date the premises were let out to the tenant. "
(3.) On the question involved in the matter, the Single Benches of this Court have given their respective views, which we are dealing as below.;