The court affirmed that eviction proceedings under the Transfer of Property Act remain valid despite the subsequent application of the Rent Control Act, provided they were initiated before the Act's enforcement.

ORDER

1. This Civil Second Appeal under Section 100 CPC filed by the appellant-defendant-tenant (hereinafter 'the tenant') comes up challenging the judgment and decree dated 05.10.2021 by the learned Additional District Judge, Suratgarh, District Sriganganagar in Civil Appeal No. 06/2015 upholding and affirming the judgment and decree dated 28.05.2015 passed by the Civil Judge, Suratgarh in Civil Original Suit No. 24/2013 decreeing the suit filed by the respondent-plaintiff-landlord (hereinafter 'the landlord') for eviction and mesne profits.

2. Heard the learned counsel for the parties and perused the impugned judgment and decree passed by the Courts below.

3. The facts of the case as culled out from the record are that one Shop No.4 (measuring 10x15 sq. feet) situated at Jain Katla, Suratgarh of the respondent-landlord was let out to father of the appellant and after the death of father, the shop is continuing in monthly tenancy of the appellant. As per plaint, the shop was let out in the year 1982 at the rent of Rs.583.33 per month whereas as per the defendant, the shop was taken on rent in the year 1972 at the rent of Rs.110/- per month and the rent was enhanced to Rs.3500/- half yearly (Rs.583.33 per month), so it was half-yearly oral tenancy.

4. The landlord issued a registered notice dated 22.03.2013 under Section 106 of the Transfer of Property Act CTP Act herein after), terminating the tenancy of the respondent-tenant with effect from 31.03.2013, inter alia, alleging non-payment of rent and requirement of reconstruction of the shop as also the allegation of material alteration by the tenant. Then the landlord filed the civil suit for arrears of rent and eviction with the prayer for mesne profits @ 10,000/- per month before the Civil Judge, Suratgarh in the year 2013. At the time of filing the civil suit, the provisions of the Rajasthan Rent Control Act 2001 {herein after 'the Act of 2001'} was not in force in the municipal area of Suratgarh, therefore, this civil suit involving the provisions of the TP Act was maintainable.

5. The tenant-defendant filed written statement admitting his tenancy in the suit shop but denied the receipt of notice under the TP Act. It was contended that the rent till March, 2014 was already paid and said notice under the TP Act is misconceived. The claim of mesne profit Rs. 10,000/- per month was also denied and the civil suit was prayed to be dismissed.

6. Five issues were framed, which are referred in the impugned judgment dated 28.05.2015. Both the parties led their respective evidence. After hearing the parties and considering evidence of both the parties, the Trial Court decided the issues No.l and 2 in favour of the plaintiff-landlord and the issues No.3 and 4 against the defendant-tenant and accordingly passed decree for eviction against the tenant vide judgment dated 28.05.2015 and directed to hand over the vacant possession of the rented shop to the landlord as also to pay the arrear of due rent and continue to pay mesne profit @ Rs.5000/- per month from April, 2013 onwards until delivery of the possession.

7. The trial court has recorded findings of fact that the tenancy between the parties was month-to-month and has been terminated by giving registered notice under Section 106 of the TP Act (Exhibits 1 and 2). In his statements, the tenant admitted service of notice upon him and the objection of the tenant that the notice was waived due to acceptance of rent by the landlord during trial was turned down, following the proviso to Section 112 of the Transfer of Property Act.

8. First Appeal there-against filed by the tenant was also dismissed by the appellate court vide judgment dated 05.10.2021. Hence this second appeal.

9. Learned counsel for the appellant- tenant submitted that the eviction decree passed by the civil court on 28.05.2015 is without jurisdiction as the Rent Control Act, 2001 was extended to the municipal area of Suratgarh vide Notification dated 11.07.2014 with effect from