JAGAT NARAYAN, J. - (1.) THIS is a revision application by one Boota Ram against an appellate order of the Civil Judge, Bikaner, in proceedings arising out of his application under section 15 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950.
(2.) THE applicant was running a hotel in a shop belonging to one Topan Das respondent. A suit for ejectment was brought against the applicant by Topan Das and was decreed on the ground that the shop was needed by Topan Das himself for running a cloth business. Topandas alleged that he was running cloth business in a rented shop and wanted to get his own shop vacated for running that business in it. This allegation was accepted by the court and the eviction of the applicant was ordered. Possession was delivered to the respondent by the applicant when his second appeal was finally rejected by this Court on 13-7-62. It was delivered privately on 13. 12. 62. On 19. 4. 63 the present application under section 15 was filed by the applicant in which it was alleged that the shop had been let out to Standard Dry Cleaners by the respondent. The application was contested by the respondent. He alleged that he did not require the shop any longer for running his cloth business as he had purchased the rented shop in which he was already carrying on business and in the altered circumstances his son was utilising the shop for running the agency of Standard Dry Cleaners in it. The trial court was of the opinion that neither of these allegations, even if true, would afford an answer to the application filed by the applicant under sec. 15 It accordingly allowed the application without recording the evidence of the parties. Against the order of the learned Munsif the respondent filed an appeal to the Civil Judge who has remanded the case without applying his mind to the merits. Section 15 runs as follows : - "where a decree for eviction of any premises has been passed by the court on any of the grounds specified in clause (h) of sub-sec. (1) of section 13 and the landlord falls to utilise the premises to the use or purpose for which such eviction shall have been decreed within two months of obtaining possession thereof, or at any time within one year of obtaining possession of the premises lets the whole or any part thereof to any person other than the evicted tenant the court which passed the decree may on application of the evicted tenant place him in possession of the premises. " The use of expression "fails to utilise the premises to the use or purpose for which such eviction shall have been decreed" makes it quite clear that the intention of the Legislature is that if the premises are no longer required by the landlord for the purpose for which he gets them vacated the tenant becomes entitled to get back possession over them on an application under section 15. If the landlord gets a shop vacated for the purpose of running his own cloth business he cannot utilise it for a dry cleaning business of his son. I accordingly hold that the applicant is entitled to get possession over the shop under section 15. I therefore allow the revision application, set aside the order of appellate court and confirm the order of the learned Munsif. In the circumstances of the case, I direct that the applicant shall recover the costs of these proceedings throughout from the respondent. .;