- (1.) By this writ petition, a challenge has been made to the order dated 10.4.2006 passed by the Rent Tribunal, Jaipur and the order dated 19.2.2009 passed by the Appellate Rent Tribunal, Jaipur.
(2.) It is a case where after termination of lease pursuant to the provisions of section 106 and 111(g) of the Transfer of Property Act, 1882 (for short 'the Act of 1882'), when premises was not vacated on expiry of period of 15 days, respondents No.3 to 5 preferred application under section 18 of the Rajasthan Rent Control Act, 2001 (for short 'the Act of 2001'). It was in the background that petitioner No.1 is a Government of India enterprise, hence, as per section 3(x), provisions of Chapter II and III of the Act of 2001 are not applicable. Petition preferred by the respondents No.3 to 5 was allowed by the Rent Tribunal, Jaipur vide order dated 10.4.2006. Petitioners had thereafter preferred an appeal, which was partly allowed by the Appellate Rent Tribunal, Jaipur.
(3.) Learned counsel for petitioners submits that as per lease agreement, dispute was referable to the Arbitrator thus provision of section 18 of the Act of 2001 was wrongly invoked by the respondents-landlord. This is more so when Arbitration and Conciliation Act, 1996 is a Central Act thus State Act cannot have overriding effect over it in absence of assent of the President of India.;