ARUN BHANSALI, J. - (1.) THIS second appeal under Section 100 CPC is directed against judgment and decree dated 31.10.2013 passed by the Additional District Judge No.2, Bikaner, whereby the judgment and decree dated 12.09.2011 passed by the Civil Judge (Junior Division), Nokha, Bikaner has been upheld.
(2.) THE facts in brief may be noticed thus: the plaintiff filed the suit seeking possession of the suit property situated at Nokha after giving notice under Section 106 of the Transfer of Property Act,1882 ('the Act of 1882'). In the written statement besides questioning the validity of the said notice, it was also submitted that as the Rajasthan Rent Control Act, 2001 ('the Act of 2001') has not been made applicable to Nokha, the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 ('the Act of 1950') would be applicable and the suit was, therefore, not maintainable. The trial court after considering the various submissions, upheld the validity of notice under under Section 106 of the Act of 1882 and also came to the conclusion that with the promulgation of Act of 2001, the Act of 1950 stood repealed and, therefore, the suit was maintainable under the provisions of the Act of 1882 and, consequently, passed the decree for possession.
(3.) FEELING aggrieved, first appeal was filed and the same issues were again raised; the first appellate court after discussing the issue raised reiterated the findings recorded by the trial court and came to the conclusion that the notice under Section 106 of the Act of 1882 was valid and the suit was maintainable and upheld the judgment and decree passed by the trial court.;