JUDGMENT 1. - Both the learned counsel request that the case may be heard today. On the request of both the learned counsel the appeal has been heard. 2. The argument of the learned counsel for the appellant is that as the Rajasthan Premises (Control of Rent and Eviction) Act has been amended and subsection (2) has been added to Section 14, according to the provisions of which no decree for eviction on the ground of bona fide and reasonable personal necessity can he passed by a Court, if it is satisfied that having regard to all the circumstances of the case including the question as to 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, it is necessary in the present case to determine the question of greater hardship. As the amendment in the Act of 1950 has been introduced after the decree has been passed by the learned District Judge, Ajmer, the question of comparative hardship was not canvassed and could not be canvassed before the learned District Judge. However, now in view of the amended provisions of section 14 of the Act, it is necessary to determine the question as to whether greater hardship would be caused by passing the decree than by refusing the same.The following issue is, therefore, framed : "Whether greater hardship would be caused by passing the decree for ejectment than by refusing to pass the same ?" (burden upon the tenant). 3. The appeal is allowed. The decree passed by the learned District Judge, Ajmer dated September 11, 1975 and the decree passed by the Munsif, Ajmer (West), Ajmer City dated February 13, 1975 are set aside and the suit is remanded to the trial Court for a fresh decision with the direction that both the parties may be allowed to adduce evidence, both documentary as well as oral, in respect of the issue, which has been framed today. After recording the evidence of both the parties and after hearing the parties, the trial Court shall decide the suit afresh. In the circumstances of the case the parties are left to bear their own costs. The parties are directed to appear before the Munsif, Ajmer, (West), Ajmer City on December 1, 1976.
After recording the evidence of both the parties and after hearing the parties, the trial Court shall decide the suit afresh. In the circumstances of the case the parties are left to bear their own costs. The parties are directed to appear before the Munsif, Ajmer, (West), Ajmer City on December 1, 1976. Separate notice need not be issued now for securing the attendance of the parties before the trial Court.Appeal allowed. *******