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2008 Supreme(Raj) 1858

MUNISHWAR NATH BHANDARI
Daljeet Singh – Appellant
Versus
Appellate Rent Tribunal Ganganagar – Respondent


For the Petitioners:R.K. Singhal and G.R. Goyal, Advocates.
For the Respondents:R.K. Thanvi, Advocate.

JUDGMENT

1. - This bunch of writ petitions involves common question of law, therefore, they are heard and decided by this common judgment. For taking into consideration the facts of the case, the facts of Writ Petition No.5487/2007 are being taken into consideration for convenience.

2. Learned counsel for the petitioner, appearing for the petitioners, raised following legal issues for consideration of the Court:-

"(i) Whether in view of the amendment in Section 6 of the Rajasthan Rent Control Act of 2001 (hereinafter referred to as 'the Act of 2001') pertain to revision of rent, the amendment would apply prospectively or retrospectively, as by virtue of amendment vide the Notification dated 22.02.2006, the expression 7.5% whenever occurring is substituted by 5%."

3. For the aforesaid question, learned counsel for the petitioners submits that at the time when the Rajasthan Rent Control Act of 2001 was brought into effect, there vision of rent was to be made with increase @ 7.5% per annum. However, vide the Notification dated 22nd February, 2006, 7.5% is substituted by 5% and, thereby, now yearly increase of rent would be determined by the Rent Tribunal, at the rate of 5% per annum, but



























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