J.S.VERMA, C.J. - (1.) This special appeal under S.18 of the Rajasthan High Court Ordinance, 1949 is against the judgment of a learned single Judge dismissing the appellant's writ petition. The questions involved for decision are the validity of sub-sec.(3) of S.2 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short 'the Act') and also of the notification No. F3(4)(3)H/VII/70-II dt. July 19, 1976 published in the Rajasthan Gazette dt. Aug. 15, 1976 issued by the State Government under this provision.
(2.) The brief facts on the basis of which the points urged in this petition are to be decided are now stated : The appellant is a tenant in a shop at Jaipur of respondent No. 2 Nathdwara Temple Board established and constituted under the Nathdwara Temple Act, 1949. All properties given or endowed for the registration or start of the temple or any service connected with it or for the benefit etc. or the pilgrims visiting the temple shall be treated as endowment within the meaning of S.2(ii) of the Nathdwara Temple Act, 1949. Under S.3 of this Act the ownership of temple and all its endowments shall vest in a deity of Shrinathji and the Board constituted under the Temple Act shall be entitled to their possession. Administration of the temple is to be carried on by the Board in the manner provided in the Act. The Board so constituted is a body corporate known as Nathdwara Temple Board having perpetual succession and common seal with power to acquire and hold properties and it may sue or be sued in that name. It is in this manner that the appellant is the tenant of respondent 2 in a shop at Jaipur.
(3.) Sub-section (3) of S.2 of the Act is as under :- "The State Government if it is satisfied that it is necessary or expedient so to do in public interest may, by notification in the official gazette, exempt from all or any of the provisions of this Act any premises owned by any educational, religious or charitable institution the whole of the income derived from which is utilised for the purpose of the institution." In exercise of the power conferred by sub-sec.(3) of S.2 of the Act the State Government issued a notification as under : - "Notification- (No. F-3(4)(3)H/VII/70-II, dt. July 19, 1976) S.O. 182. In exercise of the powers conferred by sub-sec.(3) of S.2 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Rajasthan Act 17 of 1950) the State Govt. being satisfied that it is necessary so to do in public interest exempts all the premises situated in the areas to which the said Act, applies vesting in the deity of Shri Srinathji and administration of which vests in the Nathdwara Temple Board established and constituted under the Nathdwara Temple Act, 1949, from all the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. (Pub. in Raj. Gaz. Part-IV dt. 15-08-1976 p. 145)." It is the validity of sub-sec.(3) of S.2 as well as the above quoted notification issued thereunder which is challenged herein.;