RATHORE, J. - (1.) BRIEF facts of the case are that the non- applicant (respondent) moved an application under Section 3 (8) (5) of the Rajasthan Rent Control Act, 2001 (for short, the Act of 2001 stating therein that since the applicant Red Cross Society was a corporate body under the Central Act and as such provisions of the Act of 2001 were not attracted and the learned Tribunal was having no jurisdiction by virtue of Section 3 of the Act of 2001.
(2.) THE petitioner submitted that the Indian Red Cross Society is a body corporate and was established under Indian Red Cross Society Act, 1920 (for short, the Act of 1920 ). As per Section 2 of the Act of 1920, the first members of the society were to be nominated by the persons who immediately before the commencement of the Act were the members of the Joint War Committee, Indian Branch of the order of St. John of Jeru Salem in England and the British Red Cross Society. Section 3 authorized the Committee to appoint the Managing Body of the Society. Section 4 of the Act of 1920 is reproduced hereunder: -      " THE First members of the society and all the persons may hereafter become members thereof so long as they continue so to be, are hereby constituted a body corporate under the name of the Indian Red Cross Society, and the said body shall have perpetual succession and a common seal with power to hold and acquire property, movable and immovable, and shall sue and be sued by the said name". As per Section 4-A, the President of Indian shall be the President of the Society. Section 4 further provides that Chairman of the Managing Committee is to be nominated by the President along with six other members. 12 members of the Managing Body are to be elected by the State Branch Committee. As per Section 5, the Managing Committee Committee may with the approval of the President make Rules for the management, proceedings, control and the procedure of the society including the matter pertaining to the Constitution of finance, Medical and other Committee and delegation of powers to them. Section 8 provides for Constitution of the Branch Committees. Section 12 lays down that subject to the provisions of the Rules made under Section 5 and the powers of supervision exercisable by the Managing Body thereunder, each Branch Committee shall have all the powers to receive gifts and expend all the moneys received by it for its purposes either directly or through other societies or bodies. After referring the aforesaid provisions, learned counsel for the petitioner submitted that the Red Cross Society is a creation of the Central Govt. and it is neither controlled nor owned either by the Central Govt. or the State Govt. None of the Govt. has direct or indirect control over the affairs of the Society. The provisions of the Act of 1964 are applicable for eviction of unauthorized occupants from "public Premises". The Public Premises has been defined under Section 2 (b) of the Act of 1964. Section 2 (b) (10) (x) speaks that a body corporate established or constituted by a Central Act or a Rajasthan Act and owned or controlled by the State Govt. Thus, for the application of provisions of the Act of 1964, it is mandatory that such body corporate should be owned or controlled by the State Govt.
(3.) THE Rent Appellate Tribunal vide its judgment dated 18. 4. 05 accepted the appeal and dismissed the application field by the petitioner-applicant on the premise that the suit shop fell within the definition of public premises under the act of 1964 and the provisions of the Act of 2001 are not applicable. Per contra, learned counsel for the respondents submitted that the petitioner applicant had illegally invoked the provisions of Rajasthan Rent Control Act, 2001 as the premises under tenancy, is a public premises to which the Rajasthan Rent Control Act, 2001 is not applicable and the Rent Tribunal had no jurisdiction to entertain the application as such the Appellate Tribunal has rightly accepted the appeal and set aside the order dated 10. 12. 2004 passed by the Rent Tribunal. Learned counsel for the respondent also referred Section 18 of Rajasthan Public Premises Act which speaks about the jurisdiction of Rent Tribunal and stipulates as under: -      " Only the Rent Tribunal and no Civil Court shall have jurisdiction to hear and decide the petition relating to disputes between landlord and tenant and matters connected therewith and ancillary thereto". Provided that nothing contained in this Act shall be deemed to empower the Rent Tribunal to entertain a petition involving such dispute between landlord and tenant to which provisions of Rajasthan Public Premises (Eviction of Unauthorized Occupants) Act, 1964 and Rajasthan Premises (Requisition & Eviction) Ordinance, 1949 apply". ;