- (1.) A suit for eviction was filed by the respondent against the appellants in the Court of Munsif and Judicial Magistrate, Jaipur, on the averment that the tenancy of the appellants having been determined they have no right to occupy the suit premises. Prayer for vacant possession of the premises was therefore made, along with realisation of some arrears of rent, so also damages for the use and occupation of the premises by the appellants on and from 1-8-1980. The plaintiff specifically averred that provisions of Rajasthan Premises (Control of Rent and Eviction) Act, 1950, hereinafter the Act, had no application in view of the exemption granted by the State Government vide its notification No. F. 20 (14 Rev. 1/76 dated 20-8-1976 by which all the premises owned by Wakfs registered under the Wakfs Act were exempted from the operation of the Act.
(2.) The appellants took a stand that the exemption notification was void; and that the present being a case of forfeiture of tenancy, distinguished from determination of the same, they were entitled to the benefit of Section 114-A of the Transfer of Property Act, 1982.
(3.) The learned Munsifid not accept the case of the appellants insofar as the challenge to the exemption notification is concerned, but gave the relief visualised by Section 114-A of the Transfer of Property Act. The Munsif, therefore, ordered that in case the appellants would pay all the arrears within 15 days of the judgment they would not be evicted from the premises.;