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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MR. JUSTICE AVNEESH JHINGAN, J
Purshottam Lal Jagnani S/o Sh. Teja Ram Jagnan – Appellant
Versus
Thakur Ji Laxminath Ji Trust – Respondent
Order :
1. This petition is filed seeking quashing of certificate for recovery of possession dated 09.05.2017 and order of the Appellate Authority dated 26.02.2013.
2. The petitioner – Purshottam Lal Jagnani (now represented through legal representatives) by rent note dated 01.11.1971 was inducted as tenant by the respondent No.1 – Shri Thakur Ji Laxminath Ji Trust (for brevity ‘the Trust’). The rent of the shop was Rs.324/-, payable after interval of six months. The trust on 11.10.2002 issued a notice to the petitioner for vacating the premises. The Trust again gave a notice on 23.02.2006 for vacating the premises and terminating the tenancy with effect from 12.04.2006. On failure of the petitioner to vacate the premises, the application filed by petitioner for issuance of a certificate for recovery of possession and for payment of mesne profit was allowed on 26.02.2013. The appeal filed by the petitioner was dismissed on 09.05.2017 and hence, the present petition.
3. The only one issue raised by learned senior counsel for the petitioner is that the corrigendum published in Rajasthan Gazette Extra-ordinary dated 02.02.2018 modifying the notification dated 14.09.2005 is not retrospect
A corrigendum issued to correct a typographical error has retrospective effect and does not alter vested rights under the Rajasthan Rent Control Act.
The Competent Authority cannot issue a Corrigendum that materially alters a previous order without proper jurisdiction and adherence to natural justice principles.
Point of Law : Object of s. 38(1) is to give a right of appeal to a party aggrieved by some order which affects his right or liability.
A corrigendum cannot substantively alter existing policy without following proper legal procedures, as established by constitutional and administrative law.
The court established that the exemption from the rent control act could be granted to trusts based on the predominant object of the trust being religious, charitable, or educational, and upheld the ....
A review petition must demonstrate that new, significant evidence was unavailable at the time of the original judgment to warrant reconsideration.
High Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India cannot sit in appeal over the findings recorded by a lower court or tribunal.
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