Sangeet Lodha, J. - (1.) BY way of this writ petition, the petitioner has questioned the legality of the notification dated 12.11.98 issued by the State Government in exercise of the power conferred under sub -section (3) of Section 1 of Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (for short "the Act"), granting exemption to the premises owned by the respondent -Shri Godi Parshwanath Shwetambar Jain Mandir Bawan Deri Trust, Banswara ('the Trust') from the provisions of the Act. Further, the petitioners have sought declaration that they are entitled to protection of the Act and if any proceedings for eviction are instituted pending decision of the petition, the same may be quashed.
(2.) THE relevant facts are that a residential premises consisting of three floors i.e. ground floor, first floor and second floor was taken on rent by the petitioners' father late Shri Sukhlal in the year 1969 from Shri Bahadur Singh Kothari. It is averred that later it was disclosed that Shri Bhagwati Lal is also an owner of the property and thus, the petitioners through their father Shri Sukhlal became tenants of the premises in question with Shri Bahadur Singh and Bhagwatilal as landlords. In the year 1980, Shri Bahadur Singh and Bhagwatilal represented to the petitioners that they may be given temporary possession of the first floor and second floor as there is some marriage in their family and for that purpose the premises is required for a short period. Accordingly, the possession of the premises was handed over by the petitioners to the landlords. However, after solemnization of marriage, the possession of the premises was not handed over back to the petitioners and therefore, the petitioners filed a suit for recovery of possession, which was decreed by the civil court of competent jurisdiction. During the pendency of the suit, the landlords claimed that the property has been sold by them to Jain Swetambar Oswal Samaj and therefore, the suit may be dismissed against them. However, the application preferred by the landlords was not accepted by the court and it was ordered that the transferee would be bound as per the doctrine of lis pendens and ultimately, the suit was decreed vide judgment and decree dated 22.8.94. The appeal preferred by the landlords Bahadur Singh, Bhagwatilal and Shri Karan Singh as President of Jain Swetambar Oswal Samaj was dismissed by the appellate court vide judgment and decree dated 8.2.96. The second appeal was also dismissed by this court vide judgment and decree dated 22.3.96 and ultimately, in execution of the decree, the possession of the premises was handed over to the petitioners. Later, Jain Swetambar Oswal Samaj filed a suit seeking eviction of the petitioners from the premises on the ground of bona fide necessity for making arrangement for the stay of Jain monks. The suit was contested by the petitioners by filing a written statement thereto. By way of amendment, the grounds of default in payment of rent and the petitioners -tenants acquiring alternate accommodation were also added. Later, the ground regarding bona fide necessity was not pressed and the decree was sought on issue No. 3 regarding the petitioners acquiring the alternate accommodation. The suit was decreed by the trial court vide judgment and decree dated 2.5.98, however, an appeal preferred by the petitioners is alleged to be pending before the District Judge, Banswara. At this stage, Shri Godi Parswanath Shewatambar Bawan Devi Trust Banswara, claiming itself to be owner of the property, terminated the tenancy of the petitioners invoking provisions of Section 106/111 of the Transfer of Property Act, 1882 (for short "the Act of 1882"), vide a notice served on 5.3.99, disclosing therein that the said trust stands exempted from the applicability of the provisions of the Act pursuant to notification dated 12.11.98 issued by the State Government.
(3.) THE notice issued as aforesaid was responded to by the petitioners taking a stand that they were tenants of Jain Swetambar Oswal Samaj and in various courts, the litigation had continued for all these years between them and the Jain Swetambar Oswal Samaj and it is not clear as to how the respondent -trust has acquired the ownership of the premises in question. The petitioners called upon the trust to disclose and give them documents transferring the ownership of the aforesaid property as also the documents relating to alleged registration of the trust and trust deed. The petitioners also asked for a copy of the notification issued by the State Government as aforesaid.;