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2007 Supreme(Raj) 544

VINEET KOTHARI
Ummed Singh Sushila – Appellant
Versus
Ramesh Kumar Malpani – Respondent


Advocates Appeared:
Anil Upman, for Petitioner S. Kasliwal, for Respondent

Honble KOTHARI, J.–Heard learned counsel for the parties.

(2). This revision petition is directed against the order dated 27.9.2006 passed by the learned trial Court rejecting the application under Order 7 Rule 11 C.P.C. filed by the present petitioner on the ground that the application for eviction filed before the Rent Tribunal under the provisions of Rajasthan Rent Control Act, 2001 (henceforth to be referred to as `the Act, for short) was not maintainable.

(3). Mr. Anil Upman, the learned counsel for the petitioner, while arguing this case drew the attention of the Court towards Section 3(viii) of the Act, which is reproduced below for ready reference:-

3. Chapters II and III not to apply to certain premises and tenancies - Nothing contained in Chapter II and III of this Act shall apply-

(i)....

(ii)....

(iii)....

(iv)....

(v)....

(vi)....

(vii)....

(viii) to any premises belonging to such religious, charitable or educational trust or class of such as may be specified by the State Government by notification in the Official Gazette.

(4). He, therefore, contended that since the petitioner-tenant was carrying the charitable work as a charitable trust in the suit premises in the name and style















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