PRADEEP NANDRAJOG,J. - (1.) The Rajasthan Rent Control Act, 2001 (hereinafter referred to as the Act of 2001) came into force w.e.f. 21.3.2003, when the State Government by a notification in the official Gazette appointed said date as the one wherefrom the Act came into force. As per Section 32 of the Act, the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 stood repealed from the appointed date.
(2.) Section 6 of the Act of 2001 as originally enacted read as under:- "6. Revision of rent in respect of existing tenancies.-(1) Notwithstanding anything contained in any agreement, where the premises have been let out before the commencement of this Act, the rent thereof shall be liable to be revised according to the formula indicated below:- (a) where the premises have been let out prior to 1st January, 1950, it shall be deemed to have been let out on 1st January, 1950 and the rent payable at that time shall be liable to be increased at the rate of 7.5% per annum and the amount of increase of rent shall be merged in such rent after ten years. The amount of rent so arrived at shall again be liable to be increased at the rate of 7.5% per annum in similar manner upto the year of commencement of this Act. (b) where the premises have been let out on or after 1st January, 1950, the rent payable at the time of commencement of the tenancy shall be liable to be increased at the rate of 7.5% per annum and the amount of increase of rent shall be merged in such rent after ten years. The amount of rent so arrived at shall again be liable to be increased at the rate 7.5% per annum in similar manner upto the year of commencement of this Act. Illustration.-If the rent was Rs.100/- per month on 1st January, 1950, it shall become Rs.175/- per month on 1st January, 1960. It shall become Rs.306.30 per month on 1st January, 1970 and Rs.536.30 per month on 1st January, 1980. (2) Notwithstanding anything contained in subsection (1), where the period of ten years for merger of increase of rent under sub-section (1), is not completed upto the year of the commencement of this Act, the rent at the rate of 7.5% per annum shall be increased upto the year of the commencement of this Act and amount of increase of rent shall be merged in rent. (3) The rent arrived at according to the formula given in sub-section (1) and (2) shall, after completion of each year from the year of commencement of this Act, again be liable to be increased and paid at the rate of 5% per annum and the amount of increase of rent shall be merged in such rent after ten years. Such rent shall further be liable to be increased at similar rate and merged in similar manner till the tenancy subsists. (4) The rent revised as per formula given under sub-section (1) or sub-section (2) shall be payable, after the commencement of this Act, from the date agreed upon between the landlord and the tenant or where any petition is filed in a Rent Tribunal, from the date of filing of such petition."
(3.) The Rajasthan Rent Control (Second Amendment) Act, 2005 was thereafter enacted and notified on 22.2.2006. Section 3 of the Amendment Act of 2005 reads, as under:- "3. Amendment of Section 6, Rajasthan Act No.1 of 2003.-In Section 6 of the principal Act,- (i) in clause (a) of sub-section (1), for the existing expression "7.5%", wherever occurring, the expression "5%" shall be substituted; (ii) in clause (b) of sub-section (1), for the existing expression "7.5%", wherever occurring, the expression "5%" shall be substituted; (iii)the existing Illustration appearing after clause (b) of sub-section (1) shall be deleted; (iv) in sub-section (2), for the existing expression "7.5%", the expression "5%" shall be substituted.";