KOTHARI, J. - (1.) THIS revision petition is directed against the Order dated 20.1.2009 passed by the learned trial Court rejecting the application u/O. 7 Rule 11 C.P.C. of the petitioner-defendant. The petitioner submitted that the earlier the suit filed by the plaintiff-landlord was returned for proper presentation on 21.12.1999 against the plaintiff approached this Court and this Court remanded the matter back to the learned District Judge and the learned District judge disposing of the appeal filed by the plaintiff on 1.11.2004 directed that if valuation of the suit is reduced below Rs. 50,000/- by waiving of claim of arrears of rent by Rs. 7,000/-, the suit in question may be entertained by the learned trial Court. Accordingly, the said suit originally filed on 19.8.1995 was again filed by the plaintiff waiving his claim of arrears of rent by Rs. 7000/- and thus amended suit registered on 1.11.2004 as suit No. 23/2004 - Mohan Lal v. Ram Lal was instituted in the learned trial Court of Civil Judge (Sr. Div.), Pali.
(2.) THE defendant again filed the present application under Order 7 Rule 11 C.P.C. inter alia stating that in the meanwhile since new Rent Control Act,2001 had come into force w.e.f. 1.4.2003, therefore, the amended suit as instituted on 10.11.2004 was not maintainable in the said Court, but could be filed only before the Rent Tribunal as per the provisions of new Rent Control Act, 2001. The learned trial Court has rejected the said application under Order 7 Rule 11 C.P.C. by impugned order, which is being challenged in the present revision petition. Mr. Pankaj Bohra, learned counsel appearing for the petitioner drawing attention of the Courts towards Section 32 of the new Rajasthan Rent Control Act, 2001 submitted that no right vested in the plaintiff and therefore, the earlier suit instituted which was returned for proper presentation when was reinstituted on 10.11.2004, was required to be so instituted only in the Rent Tribunal as per the provisions of new Rajasthan Rent Control Act, 2001 and the said proceedings could not be continued in the year 2004 in the same Court.
(3.) HAVING heard the learned counsel and upon perusal of the provisions of Section 32 of the Act, this Court is satisfied that the learned trial Court has not committed any error in rejecting the application u/O. 7 Rule 11 C.P.C. of the present petitioner-defendant. Section 32 of the said Act is reproduced in extenso :- Section 32. Repeal and saving.-(1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-Sec. (3) of Sec. 1 of this Act. (2) The repeal under sub-Sec. (1) shall not affect :- (a) anything duly done or suffered under the enactments repealed; or (b) any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-Sec. (1) - (a) all applications, suit or other proceedings under the repeated Act pending on the date of commencement of this Act before any Court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if, the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of the hundred and eight days coming into force of this Act shall be entitled to withdraw any suit or appeal or any other proceeding pending under the repealed Act with liberty to file fresh petition in respect of the subject matter of such suit or appeal or any other proceeding under and in accordance with the provision of this Act and for the purpose of limitation such petition shall, if it is filed within a period of two hundred and seventy days from the commencement of this Act, be deemed to have been filed on the date of fling of the suit which was so withdrawn and in case of withdrawal of appeal or other proceeding, on the date of which the suit, out of which such appeal or proceeding originated, was filed; (b) the provision for appeal under the repealed Act shall continue in force in respect of applications, suit and proceedings disposed of thereunder; (c) all suits and proceedings instituted under the provisions of the repealed Act shall be effective and disposed of in accordance with such repealed law; (d) any rule or notification made or issued under the repealed Act and in force on the date of commencement of this Act shall continue to govern the pending cases." ;