- (1.) This is a defendant's revision application against an order of Additional District Judge No. 1, Jodhpur dated 11th November, 1972, deciding certain issues as preliminary issues.
(2.) I have heard learned counsel for the parties. With their agreement the revision application was decided without sending for the record as both the parties had copies of the record with them.
(3.) The first contention is that the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is not applicable to the restaurants, stalls and the cycle stand contained in the cinema building which have been let out as a whole, as an integral part of the cinema building. Learned counsel has referred to the decision of their Lordships of the Supreme Court in Uttamchand v. S.M. Lalwani, 1965 AIR(SC) 716 In that case despite the absence of any exception their Lordships held that where a Dal Mill was leased out the dominant intention was to lease out the Mill for manufacturing the Dal and not to lease out the building which was, however, an integral part of the Mill. They held that Madhya Pradesh Accommodation Control Act, 1955 (No. XXIII of 1955) was not applicable. I do not see how this case can at all help the petitioner.;