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1988 Supreme(Raj) 247

J.S.VERMA, FAROOQ HASAN
Mohd. Yamin – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
B.L. Sharma, for Appellant; D.K Soral, for Respondent No. 2; N.L. Pareek, Addl. Govt. Advocate

J.S. VERMA, C. J.—This special appeal under section 18 of the Rajasthan High Court Ordinance, 1949 is against the judgment of a learned Single Judge dismissing the appellants writ petition. The questions involved for decision are the validity of sub-section (3) of section 2 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short the Act) and also of the notification No. F. 3(4)(3)H/VUI/70-I( dated July 19, 1976 published in the Rajasthan Gazette dated August 15, 1976 issued by the State Government under this provision.

2. The brief facts on the basis of which the points urged in the petition are to be decided are now stated: The appellant is a tenant in a shop at Jaipur of respondent No. 2 Nathdwara Temple Board established and constituted under the Nathdwara Temple Act, 1949. All properties given or endowed for the registration or start of the temple of any service connected with it or for the benefit etc. of the pilgrims visiting the temple shall be treated as endowment within the meaning of section 2(ii) of the Nathdwara Temple Act, 1949. Under section 3 of this Act the ownership of temple and all its endowments shall vest in deity of Shrinathji and the Boar















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