- (1.) In this bunch of petitions, the Coordinate Bench had passed the following order on 28/4/2015 :- "Arguments of learned counsel for both the sides were heard at some length and various judgments of the Supreme Court and High Courts cited by them were perused. On consideration of the matter in entirety, it is deemed appropriate to invite participation of Members of the Bar to address the court on following questions of law involved in the matter:- 1.Whether, as a result of extension and applicability of the Rajasthan Rent Control Act, 2001 to 12 municipal towns, namely, Kishangarh(Ajmer), Beawar, Bhiwadi, Hindauncity, Gangapurcity, Sujangarh, Makrana, Fatehpur, Suratgarh, Ratangarh, Sardarsahar, Balotra, tenants would be entitled to protection provided under Section 9 of the Rajasthan Rent Control Act, 2001 in pending suits filed after 01.04.2003 on the ground of determination of tenancy by recourse to Section 106 of the Transfer of Property Act, and their eviction can be ordered only on the grounds mentioned therein. 2.Whether decree of eviction challenged in the appeals arising out of such suits, would be liable to be set aside for mere reason of applicability of the Rajasthan Rent Control Act, 2001 in the town concerned. 3.Whether the extension and applicability of the Rajasthan Rent Control Act, 2001, to the towns referred to above, would be retrospective in nature. Learned Advocate General is requested to assist the Court in the matter. A copy of this order be endorsed to his office and name of his associates Shri Sheetanshu Sharma and Shri Vishal Sharma be shown in the cause-list. Deputy Registrar (Judicial) of this court shall cause a notice to be published in the cause-list two days before the next date fixed in the matter. Matters to come up on 06.05.2015."
(2.) Though the questions of law are common, the facts of each case are little different, and therefore are narrated as under :- 2(i). S.B. Civil Writ Petition No.2581/2015 :- The present petition arises out of the order dated 14/10/2014 passed by the Civil Judge (Junior Division), Beawar in Civil Suit No.162 of 2012, filed under Section 106 of the Transfer of Property Act (hereinafter referred to as 'the TP Act'), by the respondent-plaintiff-landlord against the petitioner-defendant-tenant, by which order, the Trial Court has dismissed the application of the petitioner-defendant, seeking amendment in the written statement under Order VI, Rule 17 of CPC, on the Rajasthan Government having issued the notification dated 11/7/2014 making applicable the Rajasthan Rent Control Act, 2001 (hereinafter referred to as 'the said Act of 2001') to the Municipal Area of Beawar. 2(ii). S.B. Civil Writ Petition No.5072/2015 :- The present petition arises out of the order dated 11/3/2015 passed by the Additional Civil Judge No.2, Beawar in Civil Suit No.94 of 2013, filed under Section 106 of the TP Act, by the respondents-plaintiffs-landlords against the petitioner-defendant-tenant, by which order, the Trial Court has dismissed the application of the petitioner-defendant, seeking amendment in the written statement under Order VI, Rule 17 of CPC, on the Rajasthan Government having issued the notification dated 11/7/2014 making applicable the said Act of 2001 to the Municipal Area of Beawar. 2(iii). S.B. Civil Writ Petition No.2655/2015 :- The present petition arises out of the order dated 24/01/2015 passed by the Additional Civil Judge and Judicial Magistrate First Class No.2, Beawar in Civil Suit No.21 of 2013 filed under Section 106 of the TP Act, by the respondent-plaintiff-landlord against the petitioners-defendants-tenant, by which order, the Trial Court has dismissed the application of the petitioners-defendants, seeking rejection of the plaint under Order VII, Rule 11 of CPC on the ground that the said Act of 2001 having been made applicable to the municipal area of Beawar, the Civil Court would not have the jurisdiction to try the suit. 2(iii). S.B. Civil Writ Petition Nos.3925/2015, 3926/2015 & 3968/2015:- All the three writ petitions arise out of the common order dated 23/2/2015 passed by the Additional District Judge, Kishangarh, District Ajmer, whereby the said Appellate Court has dismissed the application of the petitioners-appellants, seeking amendment in the appeal memo for bringing on record the subsequent event, namely, the issuance of the notification dated 3/7/2014 by the State Government making applicable the said Act of 2001 to the Municipal Area of Kishangarh. In all the three appeals, the Trial Court had passed the decree against the petitioners-defendants in the suit filed by the respondents-plaintiffs under Section 106 of the TP Act.
(3.) It is not disputed by the learned counsels for the parties that all the suits were filed by the respective respondents/landlords against their respective petitioners-tenants under the provisions contained in the TP Act, as at the relevant point of time when the said suits were filed, the said Act of 2001 was not applicable to the concerned Municipal Areas, where the suit properties were situated. It is also not disputed that the said Act of 2001 came into force on 1/4/2003, and that the Rajasthan Premises (Control of Rent and Eviction) Act, 1950( hereinafter referred to as 'the said Act of 1950') was repealed with effect from 1/4/2003, as per Section 32 of the said Act of 2001. It is also not disputed that on 11/7/2014, the notification was issued by the State Government extending the provisions of the said Act of 2001 to the Municipal Areas of the Kishangarh, Beawar, Bhiwadi, Hindon City, Gangapur City, Sujangarh, Makrana, Fatehpur, Suratgarh, Ratangarh, Sardarshahar and Balotra, in exercise of the powers conferred by sub-section (2) of Section 1 of the said Act of 2001.;