Civil suits for eviction filed before the Rajasthan Rent Control Act's applicability remain valid and can be adjudicated by civil courts.

ORDER

1. The present appeals were admitted on 13.01.2016 and were directed to be listed for final disposal on 19.02.2016. After that the matters were continuously listed before this Court and adjournments were granted. The interim order dated 13.01.2016 was directed to be continued till next date. On 25.10.2017, it was again ordered that the matters be listed on 07.11.2017 for final disposal. On that date also the interim order was directed to be continued till the next date of hearing. On 07.11.2017, last opportunity was granted for filing the reply and the matters were directed to be listed on 23.11.2017. After that the matters were continuously listed but were not argued and were adjourned. On 16.02.2022, the matters were listed on applications for early listing which were allowed and the appeals were directed to be listed on 05.03.2022. After that the appeals were listed on 05.03.2022, 29.03.2022, 05.05.2022 and 11.07.2022 and on all these dates the appeals were adjourned on a request made by learned counsel for the appellants. On 17.08.2022, last opportunity was granted to learned counsel for the appellants to argue out the matters and the matters were directed to be listed on 15.09.2022. On 15.09.2022 again last opportunity was granted and the matters were directed to be listed on 22.09.2022. On 22.09.2022, the matters were directed to be listed on the very next day i.e. on 23.09.2022. On 23.09.2022 again time was sought by learned counsel for the appellants to argue out the matters and again the last opportunity was granted. The matters were directed to be listed on 13.10.2022. After that date, learned counsel appearing for the appellants changed and the matters were listed on 25.11.2022. On that date, the matters were directed to be listed in hearing category on 12.12.2022. On 12.12.2022, the matters were adjourned for 14.12.2022 as none was present on behalf of the appellants. On 14.12.2022, at the request of learned counsel the appellants, the matters were directed to be listed on 16.12.2022. On 16.12.2022 again a request was made on behalf of learned counsel for the appellants and the matters were directed to be listed on 02.01.2023. On that date, it was made clear that no further adjournment would be granted in the matters at any cost. On 02.01.2023 i.e. yesterday, when the matters were listed Mr. S.S. Ladrecha appeared for the appellants and submitted that now he would be appearing in the matters and prayed for time to argue the matters. On his request, the matters were directed to be listed today i.e. on 03.01.2023.

2. Today also, learned counsel for the appellants prayed for time to argue out the matters. Learned counsel submitted that the matters are listed in orders category and therefore, he is not prepared for hearing.

3. In view of the submission made by learned counsel for the appellants, the Court proceeded on to hear on the issue whether there is any ground for confirmation of the interim order dated 13.01.2016.

4. The present one is a suit for eviction filed under Section 106 of the Transfer of Property Act. Issue No.1 pertaining to the termination of tenancy vide notice dated 05.07.2004 has been decided by the Trial Court in favour of the plaintiff landlord. The core question which is in issue in the present appeals is whether a suit for eviction filed in terms of Section 106 of the Transfer Property Act would proceed/be maintainable before a Civil Court after coming of the Rajasthan Rent Control Act, 2001 (hereinafter referred to 'the Act of 2001') in effect. Regarding the said issue, a reference was made to the Division Bench of this Court and the D.B. Civil Reference No.01/2015: K. Ramnarayan Vs. Pukhraj was decided on 26.10.2017 whereby the reference was answered in the following terms:

'44. The reference is accordingly answered in terms of paras 31 and 43 above. Meaning thereby, once the Rajasthan Rent Control Act 2001 was extended to the municipal areas, the Civil Courts would lose jurisdiction to adj