K. RAMNARAYAN S/O SHRI KEDARMAL KHANDELWAL Vs. SHRI PUKHRAJ S/O SHRI GAJMAL @ GAJRAJ BANTHIYA
LAWS(RAJ)-2017-10-70
HIGH COURT OF RAJASTHAN
Decided on October 26,2017

K. Ramnarayan S/O Shri Kedarmal Khandelwal Appellant
VERSUS
Shri Pukhraj S/O Shri Gajmal @ Gajraj Banthiya Respondents

JUDGEMENT

PRADEEP NANDRAJOG,J. - (1.) A batch of writ petitions challenging orders passed by the learned Civil Judges were dismissed by the learned Single Judge vide order dated 18/05/2015 holding that since the tenancy was determined before notifications were issued extending the Rajasthan rent Control Act, 2001 to the towns where the suit property was situated, the civil courts alone would have jurisdiction to decide the lis between the landlord and the tenant. But at the same time, by the last paragraph of the order, noting a conflicting view taken by other learned Single Judge, reference was made to the Division Bench to decide the issue. This explains D.B. Civil Reference No.1/2015 being registered.
(2.) The three D.B. Civil Special Appeals challenge the same impugned order dated 18/05/2015 in so far as S.B. Civil Writ Petition Nos.3925/2015 and 3926/2015 and 3968/2015 have been dismissed.
(3.) Relevant would it be to note that when the civil suits seeking ejectment were filed the Rajasthan Rent Control Act, 2001 was not applicable to the concerned municipal areas. On 11/07/2014, notification was issued by the State Government extending the provisions of the Rajasthan Rent Control Act, 2001 to the municipal areas of Kishangarh, Beawar, Bhiwadi, Hindon City, Gangapur City, Sujangarh, Makrana, Fatehpur, Suratgarh, Ratangarh, Sardarshahar and Balotra.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.