- (1.) The questions for consideration which have been referred to the Larger Bench for decision are as follows: (1) Whether Section 29 of the Rajasthan Rent Control Act, 2001 has its overriding effect on Section 32(3)(a) of the Rajasthan Rent Control Act, 2001; (2) Whether the suits, applications and other proceedings relating to fixation of standard or provisional rent under Sections 6 and 7 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, which have been saved by Section 32(3) (a) of the Rajasthan Rent Control Act, 2001, will be governed by the provisions of the Old Act of 1950, after coming into force of the New Act of 2001 or will be governed by the provisions of the New Act of 2001 as Sections 6 and 7 of the Act of 1950, having been impliedly repealed, by virtue of Section 29 of the New Act of 2001 as held by the Division Bench in Kamal Kishore's case (supra)
(2.) The background in which these questions arise are that a writ petition was filed by the defendanttenant against whom an order dated 29.01.2004 was passed determining the provisional rent under Section 7 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 as Rs.l,600/enhancing the rent from Rs.400/ per month which was being paid by the defendanttenantpetitioner. The defendanttenantpetitioner challenged the aforesaid order dated 29.01.2004 in appeal. The learned Additional District Judge No.5, Kota hearing the appeal dismissed the appeal by the judgment dated 09.09.2004.
(3.) It is in this background that the orders dated 29.01.2004 passed by the learned trial court and 09.09.2004 passed by the learned appellate court were challenged by the defendanttenantpetitioner in writ petition before this court. It was the contention of the defendanttenantpetitioner before the two courts below as also before the learned Single Judge that with the coming into force of the Rajasthan Rent Control Act, 2001 (Act No.l of 2003) w.e.f. 01.04.2003, the provisions of Section 6 and 7 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as "the Old Act of 1950") stood repealed and, therefore, the application filed by the plaintifflandlord under Section 6 and 7 of the Old Act of 1950 was not maintainable and if at all the rent was to be revised, the same was to be revised in accordance with the provisions of Section 6 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as "the New Act of 2001").;