S.N.Modi, J. - (1.) This is a second appeal by defendant-tenant against the judgment and decree of the District Judge, Kota, dated May 2, 1975, in a suit for eviction and arrears of rent.
(2.) The dispute relates to a shop situate at Kota and fully described in paragraph No. 1 of the plaint. The plaintiff-respondent, who is a practising lawyer at Kota, sought eviction of the defendant on the ground that the disputed shop was required by him bona fide and reasonably for his office. Both the courts below decreed the suit against the defendant holding that the bona fide and reasonable requirement of the suit premises by the plaintiff under Section 13 (1) (h) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as "the Act") was proved. Dissatisfied with the decree passed by the lower appellate court, the defendant has preferred this second appeal.
(3.) On September 29, 1975, Section 14 of the Act was amended by the Rajasthan Premises (Control of Rent and Eviction) (Amendment) Ordinance, 1975. Section 10 of the Ordinance, which amends Section 14 of the Act, runs as under: "10. Amendment of Section 14, Rajasthan Act 17 of 1950.--In Section 14 of the principal Act,-- (i) the existing Sub-section (2) shall be renumbered as Sub-section (1) thereof; and (ii) after Sub-section (1) as so renumbered, the following subsections shall be added, namely: 2. No decree for eviction on the ground set forth in Clause (h) of Sub-section (1) of Section 13 shall be passed if the court is satisfied that, having regard to all the circumstances of the case including the question whether other reasonable accommodation is available to the landlord or the tenant, greater hardship would be caused by passing the decree than by refusing to pass it.Where the court is satisfied that no hardship would be caused either to the tenant or to the landlord by passing the decree in respect of a part of the premises, the court shall pass the decree in respect of such part only. 3. 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.';