CHAND DEVI Vs. STATE OF RAJASTHAN JAIPUR

JUDGEMENT

(1.) THIS second appeal has been preferred by the plaintiff-appellant against the judgement and decree dated 12th Oct. ,1983 passed by the Civil Judge, Ajmer in Civil First Appeal No. 146/82, arising out of the judgement and decree dated 14th Oct, 1982, passed by the Addl. Munsiff & Judicial Magistrate No. 1, Ajmer in Civil Suit No. 125/79.

(2.) THE following substantial questions of law have arisen for consideration of this Court, in this Second Appeal : 1. Whether a Government School fully run and managed by the State can be considered as " a recognised educational institution " within the meaning of Section 6 (2) (a) of the Rajasthan Premises (Control of Rent & Eviction) Act,1955 (here in after to be referred as 'the Act')? 2. Whether " a recognised educational institution referred to in Section 6 (2) (a) of the Act refers to only privately run educational institutions which are recognised by the State for the purpose of giving grants, holding examinations and similar other purposes? 3.Whether the provisions of Section 6 (2) (b) of the Act are applicable to the Government Schools fully run and managed by the States? 4.Whether the provisions of Section 10 of the Act are enforceable over and above the increase of rent permissible under Section 6 of the said Act. ? 5.Whether the increase in rent permissible underssection 10 of the said Act is in addition to the increase in rent permissible under Section 6 of the Act?

(3.) DURING the course of hearing it was contended on behalf of the appellant that first appellate court did not agree with the contentions of the appellant that there should also have been simultaneous increase of the rent which is permitted under Section 10 of the Act. It was further argued by the learned counsel for the appellant that the courts below have committed error of law by not taking into consideration the difference between a purely Government school fully run and managed by the respondent and the recognised educational institutions which are partly aided by the State.