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2009 Supreme(Raj) 656

DEEPAK VERMA, DALIP SINGH, N.K.JAIN
Bhag Chand – Appellant
Versus
Additional District Judge No. 5, Kota – Respondent


Advocates Appeared
M.M. Ranjan, for Petitioner;
R.N. Mathur, Amicus Curiae, for Respondents;
A.K. Bhandari, Sr.Counsel assisted by Kinsukh Jain, Shiv Charan Gupta and Satyendra Kumar Gupta, Interveners

Judgment

Hon'ble SINGH, J..— The questions for consideration which have been referred to the Larger Bench for decision are as follows:-

(1) Whether Section 29 of the Rajasthan Rent Control Act, 2001 has its overriding effect on Section 32(3)(a) of the Rajasthan Rent Control Act, 2001;

(2) Whether the suits, applications and other proceedings relating to fixation of standard or provisional rent under Sections 6 and 7 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, which have been saved by Section 32(3) (a) of the Rajasthan Rent Control Act, 2001, will be governed by the provisions of the Old Act of 1950, after coming into force of the New Act of 2001 or will be governed by the provisions of the New Act of 2001 as Sections 6 and 7 of the Act of 1950, having been impliedly repealed, by virtue of Section 29 of the New Act of 2001 as held by the Division Bench in Kamal Kishore's case (supra)?

2. The background in which these questions arise are that a writ petition was filed by the defendant-tenant against whom an order dated 29.01.2004 was passed determining the provisional rent under Section 7 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 as Rs.1,6











































































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