- (1.) The present revision petition has been filed by the petitioner-defendant under Section 115 of CPC challenging the order dated 22.02.212 passed by the Civil Judge (JD) Kishangarh (hereinafter referred to as "the trial court") in Civil Suit No.18/2008, whereby the trial court has dismissed the application of the petitioner seeking rejection of the plaint under Order VII Rule 11 of CPC.
(2.) It has been submitted by the learned Senior Counsel Mr. R.K. Mathur for the petitioner that the respondent-plaintiff has filed the suit under Section 106 of Property of Transfer Act, though in the area of Kishangarh, the Rajasthan Rent Control Act, 2001 (hereinafter referred to as "the said Act") has been made applicable. According to him, the said Act was made applicable as per the notification dated 20.01.2006 and that the suit under Section 106 of Transfer of Property Act was not maintainable.
(3.) The Court does not find any substance in the said submission of the learned counsel for the petitioner. It transpires that as per the Section 1(2) of the said Act, the Act was made applicable at the first instance to the Municipal Areas which are comprising the District Headquarters in the State and later on to such of the other Municipal Areas having a population exceeding 50,000 as per the 1991 Census, as the State Government may by the notification in the Official Gazette specify from time to time. Thereafter the words, "having population exceeding 50,000 as per the 1991 Census") were deleted by the notification published in Official Gazette dated 20.01.2006. However, it could not be said that by deletion of such words themselves, the said Act was made applicable to all the municipal areas. As transpiring from the language of Section 1(2), of the Act, after the said amendment also, the Act would be applicable to such other municipal areas, as the State Government may vide the notification in the office gazette specify from time to time. Learned counsel Mr. Mathur has not placed on record any such notification by which the municipal area, Kishangarh was included for the purpose of making applicable the provisions of Rent Control Act, 2001. Under the circumstances, the trial court has rightly dismissed the application of the petitioner filed under Order VII Rule 11 of CPC.;