R.R.YADAV,J. - (1.) HEARD .
(2.) THE tenant-defendant-appellants have moved the present application under Section 151, CPC for stay of execution of the decree affirmed by this Court on 25.3.1996 in Second Appeal on the ground that the tenant-appellants intend to prefer SLP before the Hon'ble Supreme Court within shortest possible time for which atleast 60 days' time would be required to file the said appeal. In fact, the aforesaid application moved under Section 151 CPC is misconceived, inasmuch as, there are clear provisions under sub-section (9) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred as 'the Act of 1950'), which clearly provide that where any decree for eviction of a tenant is made on the ground specified in sub-section (1) of the section 13 of the said Act, the landlord shall not be entitled to obtain possession thereof before the expiration of two months from the date of such decree. In view of the aforesaid mandatory provisions contained under sub-section (9) of Section 13 of the Act of 1950, the residuary provisions contemplated under section 151, CPC cannot be pressed into service. In fact, the provisions of Section 151 CPC can be passed into service where there is no express provision to meet a contingency.
(3.) LEARNED counsel for the landlord-plaintiff-respondents Mr. Rajendra Mehta submits that expression 'decree' used under sub-section (9) of Section 13 of the Act of 1950 has nexus with the decree for eviction of a tenant passed by a trial court only.;