JUDGMENT :

NISHA M. THAKORE, J.

1. The present Second Appeal under section 100 of the Code of Civil Procedure,1908, has been filed against the impugned judgment and decree dated 20.04.2022, passed by the Learned Additional District Judge, Aravalli in Regular Civil Appeal No. 23 of 2021 (in short “impugned order”).

2. This matter was listed for admission hearing and Mr. D.B. Kothari learned counsel appearing for the respondent has raised preliminary objection as regards the maintainability of the present Second Appeal on the ground that the impugned judgment and decree challenged by the appellant-original defendant arises out of the appeal filed by the present appellant under Section 29 of the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 (in short “the Rent Act 1947”).

3. Learned counsel for the respondent submitted that the respondent being the original plaintiff had filed Regular Civil Suit No. 79 of 2014 for recovery of possession of the rented premise as well as for arrears of rent against the appellant. He also drew the attention of this Court that the Suit was filed on 26.12.2014. The said Suit filed by the original plaintiff-respondent herein, came to be decreed in favor of the respondent.

4. In support of his submissions, learned counsel appearing for the respondent had relied upon the decision of this Court in Second Appeal No. 22 of 2010 and submitted that a similar order can be passed in the present case.

5. Aforesaid objections of the respondent have been vehemently objected by Mr. Saurabh Patel, learned counsel appearing for the appellant. He invited the attention of this Court to the facts of the case and submitted that the rent premise is a shop situated on non-agricultural land of Mouje: Modasa, Ta. Modasa, District Arvalli. He further submitted that the land bearing Revenue Survey No. 512 was owned by one Mahendrabhai Manilal Gor, who had purchased the aforesaid land in the year 2002 as reflected in the mutation entry No. 14060 dated 19.07.2002. He further submitted that said Mahendrabhai Manilal Gor had applied for revised non-agricultural permission vide application dated 09.03.2004, whereby the District collector vide order dated 22.04.2004 was pleased to grant such revised non-agricultural permission. He further submitted that necessary permission for construction was availed by said Mahendrabhai Gor and same came to be granted by Modasa Nagarpalika vide order dated 24.02.2003.

6. He referred to and relied upon the Notification dated 30.10.2001 issued by the State of Gujarat, whereby vide Gujarat Act No. 27 of 2001 amendment was made after sub-section 1A of Section 4 of the principal Act, which is reproduced as under:

“1(A) This Act shall not apply to:

(a) any premises constructed on or after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Second Amendment) Act, 2001 (hereinafter referred to as “the amending Act”).

(b) any existing premises which is self-occupied by the owner of vacant on or after the commencement of the amending Act, and is let after such commencement.

For a period of ten years from the date of the commencement of the amending Act.

Explanation: For the purpose of this section “existing premises” means any premises which exists on the date of the commencement of the amending Act.”

7. He further relied upon second Notification dated 31.03.2011 issued by the State of Gujarat, whereby vide Gujarat Act No. 6 of 2011, the amendment was made in sub-section 1A in Section 4 in the principal Act. The same reads as under:

“1. (1) This Act may be called the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Amendment) Act, 2011.

(2) It shall come into force from the 1st April, 2011.

2. In the Bombay Rents Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as “the principal Act”) in Section 3 in sub-section (2) for the figures, letters and words “31st day of March, 2011” the figures, letters and words “31st day of March, 2021” shall