- (1.) The appellant-defendant, Hasam Ali S/o Mubarak Ali has approached this Court by way of present two second appeal(s) under Section 100 of Code of Civil Procedure, 1908, being aggrieved by the concurrent judgment and decree of the courts below dated 07.05.1998 passed by learned Additional District Judge No.2, Bikaner in Civil Appeal No.10/98- Hasam Ali Vs. Anwar Ali and in Civil Appeal No.14/98- Hasam Ali Vs. Vs. Anwar Ali by which the appeals filed by the appellant-defendant were dismissed while affirming the judgment and eviction decree of learned Civil Judge (Jr. Division), Bikaner in Civil Suit No.509/86 and 508/86- Anwar Ali Vs. Hasam Ali, granting eviction decree to respondent-plaintiff, Anwar Ali (Secretary), who represented the "Madrasa Rahmania Talimul Quran, Naya Kua, Bikaner" a body corporate exempted from the provisions of Rajasthan Premises (Control of rent & Eviction) Act, 1950 (for short, hereinafter referred to as 'Act of 1950') under the Notification No.F.20(14) Rev.I/75. dated 20.8.1976 S.O. No.244 dated 23.09.1976, which is reproduced herein below: - "Notification [No.F.20(14) Rev.I/75. Dated 20.8.1976] S.O. No.244- In exercise of the powers conferred by sub-section (3) of Section 2 of the Rajasthan Premises (Control of Rent & Eviction Act, 1950) (Rajasthan Act 17 of 1950), the State Government being satisfied that is necessary so to do in public interest, exempts all the premises owned by Wakfs registered under the Wakf Act from the operation of all the provisions of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950. [Pub. in Raj. Gaz, Part IV-C, dated 23.9.1976, p.96]"
(2.) The substantial question of law framed in both the present second appeals by a coordinate bench of this Court vide order dated 12.08.1998 is reproduced herein below for ready reference: - "WHETHER the tenancy in question has not been terminated by a valid notice terminating tenancy under Section 106 of the Transfer of Property Act and the suit was, therefore, not maintainable?"
(3.) The suit shop and godown for which two separate eviction suits being Civil Suits No.508/86 and 509/86 were filed by the plaintiff-respondent-landlord, therefore, these two second appeals by the defendant-tenant arise out of same judgments and decrees and are being decided by this common judgment.;