JAGAT NARAIN, J. - (1.) THIS is an appeal by the landlord plaintiff, by special leave, against the judgment of a learned single, Judge, allowing the second appeal filed by the tenant defendant against an appellate decree of the Senior Civil Judge, Jaipur City.
(2.) THE facts are briefly these. The plaintiff is the owner of a shop situate in Jaipur City. Ambey Prasad respondent was its tenant. He committed default in payment of rent and, on 6/4/58, the plaintiff brought the present suit for ejectment against him. The suit was decreed by the trial court on 28.2.59. An appeal against the decree was rejected on 12.7.61. On 19.9.61 he filed a second appeal in the High Court. On 20.9.61 a stay order was passed which was vacated on 8.1.62. Three months time was given to the defendant to vacate the shop. The defendant was actually evicted from the shop in the year 1962, sometime after 8.4.62. During the pendency of the appeal, the Rajasthan Premises (Control of Rent and Eviction) (Amendmen) Act,No.l2 of 1965came into force with effect from 9.6.65. On 8.7.65, the defendant filed an application to High Court u/sl3A for determining the rent etc. payable by him under the provisions of that section in order that the decree against him may be set aside. The learned single Judge held that Section 13A was applicable to the case and he set aside the decree for ejectment, and remanded the case to the trial court for determining the amount payable by the tenant under Section 13A and to dispose of the suit in accordance with the provision thereof. The learned single Judge followed his own earlier decision in Vassumal v. Sampatmal Lodha (S.B. Civil Regular Second Appeal No. 331 of 1965 decided on 22nd November, 1965) and the decision of another learned single Judge in Chunnilal v. Vaspujaiji Maharaj 1966 RLW 285
(3.) HAVING heard learned counsel for the parties we are of the opinion that the view taken by the learned single Judge is correct. We proceed to give our reasons briefly along with the contentions put forward on behalf of the appellant.;