- (1.) The plaintiff landlord has filed the present second appeal in this court under Section 100 CPC on 19/7/2003 being aggrieved by the order dated 26/4/2003 passed by learned First Appellate Court of Addl. District Judge, Phalodi allowing the defendant's appeal No.2/93 Firm Ranga Harnath & sons, Phalodi vs. Champalal & ors.
(2.) The learned trial court had granted the decree of eviction in a civil suit No.78/74 filed by the appellant landlord Champalal s/o Ram Gopal Maheshwari & Ors. vs. Firm Ranga Harnath & Sons, Phalodi. The suit was inter alia filed on the ground of default in payment of rent by the defendant tenant. On the date of filing the suit on 5/12/1974, the provisions of the Rajathan Rent Control Act, 1950 were not extended to Phalodi. However, to all the municipal areas of the State of Rajasthan the said Act of 1950 was extended vide Notification dated 10/5/1979, which was published in the Rajasthan Gazette on 18/5/1979 and, therefore, the said Act of 1950 became applicable to Phalodi on 18/5/1979 in terms of the said notification. The said Notification is quoted below for ready reference:- "Home (Gr.V) Department Notification Jaipur, May 10, 1979 S.O.27.-In exercise of the powers conferred by sub-section 92) of Section 2 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 ( No. SVII of 1950) and in continuation of the various notifications issued from time to time in this regard the State Government hereby extends provisions of Section 5 to 26 of the said Act to all the Municipal towns in the State of Rajasthan not covered by previous notifications. The State Government further directs that the said provisions shall come into force in the said Municipal Towns with effect from the date of publication of this notification in the Rajasthan Gazette. (No.F1 (6) (3) Home-5/77.) By Order of Governor, Commissioner for the Home Affairs & Secretary to the Government."
(3.) The learned trial court had decreed the suit by giving the following findings in favour of the appellant-plaintiff :- 1638041-2;