HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil First Appeal No. 91/2009

Amarchand S/o Sh. Chhail Gahlot R/o C/o Riddhi Siddhi Photo

Studio, In-Front of K.M. Market, Pali Bazar, Beawar District

Ajmer

----Appellant/Defendant

Versus

Smt Vijaya W/o Sh. Sunil Kumar Gangwal R/o Gandhi Nagar,

Bank Colony, Ajmer Road Beawar, District Ajmer Raj.

----Respondent/Plaintiff

For Appellant(s)

:

Mr. Ajeet Bhandari, Sr. Advocate

assisted by Mr. Jai Sharma &

Mr. Jitendra Mishra

For Respondent(s)

:

Mr. J.P. Gupta

HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment

08/12/2022

REPORTABLE

1.

By way of instant first appeal, filed under Section 96 of the

Code of Civil Procedure, appellant-defendant-tenant has

challenged the judgment and decree dated 12.01.2009 passed in

Civil Suit No.85/2007 (71/2005) by the Court of Additional District

Judge (Fast Track) No.2, Beawar, whereby and whereunder civil

suit for rent and eviction filed by respondent-plaintiff-landlord has

been decreed and respondent-plaintiff has been held entitled to

get the vacant possession of rented premises with due rent of

thirteen months as also for mesne profits @ Rs.250/- per month

from the date of suit till recovery of possession.

2.

The relevant facts of present case as culled out from the

record are that in respect of rented premises, one room and inside

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[CFA-91/2009]

kothari (dark room) situated at first floor in property Municipal

No.5/167 (new No.1) at Nagar Parishad, Beawar, respondent-

plaintiff instituted present suit for eviction on 12.08.2005 stating

inter alia that appellant-defendant is tenant in the rented premises

@ Rs.250/- per month and after purchasing the property by

plaintiff, he has attorned the plaintiff as his landlord. It was stated

that defendant-tenant paid last rent for month of 10.06.2004 to

09.07.2004 vide receipt No.67 dated 10.07.2004 and thereafter,

rent w.e.f 10.07.2004 onwards has not been paid. It was stated

that defendant-tenant has caused damages to the rented premises

and therefore, plaintiff, through legal notice dated 11.07.2005

issued under Section 106 of the Transfer of Property Act, has

terminated the tenancy of defendant. It was stated that legal

notice dated 11.07.2005 has been served upon defendant-tenant,

who sent reply notice dated 15.07.2005 through his advocate and

thereafter, plaintiff served one rejoinder notice dated 23.07.2005

upon defendant. It was further stated that since defendant-tenant

did not agree to vacate the rented premises nor paid due rent,

therefore, present civil suit for eviction was instituted to get

vacant possession of rented premises from tenant along with due

arrears of rent @ Rs.250/- per month from 10.07.2004 to

09.08.2005, it means for thirteen months and for the subsequent

period from the date of suit, plaintiff claimed mesne profits @

Rs.3000/- per month.

3.

It is worthy to note here that earlier provisions of Rajasthan

Premises (Control of Rent and Eviction) Act, 1950 (for short “the

Act of 1950”) was made applicable on the rented premise situated

within the Municipal Council, Beawar vide notification dated

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[CFA-91/2009]

27.11.1957, w.e.f. 27.11.1957 but later on, the Act of 1950 was

repealed from the date of notifying the new act i.e. the Rajasthan

Rent Control Act, 2001 (for short “the Act of 2001”) w.e.f.

01.04.2003. It may be noted that by virtue of Section 32(1) of the

Act of 2001 “Repeal and savings”, it is clearly stated that

Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (the

Act No.17 of 1950) shall stand repealed w.e.f. the date notified

under Sub-Section (3) of Section 1 of this Act. Thus, the Act of

1950 had been repealed after coming into force of the Act of

2001. It may be noted that as per provisions of the new act i.e.

the Rajasthan Rent Control Act, 2001 shall made applicable in first

instance to such of Municipal areas