(1.) This judgment shall dispose of two appeals arising out of judgment dtd. 16/12/2021 passed by the High Court of Judicature of Rajasthan, Jodhpur whereby the tenant's revision petition against the decree for possession was dismissed.
(2.) For the sake of convenience, the facts in Civil Appeal No. 2816 of 2022 (Shankarlal Nadani v. Sohanlal Jain) are mentioned hereinafter.
(3.) The appellant's father was the tenant of Shop No. 4 situated at Jain Katla, Bikaner Road, Suratgarh since 1982, whose owner was the father of the respondent herein at that time. The premises were let out on lease for monthly rent of Rs.583.33. After the death of the appellant's father, the shop was continuing for monthly tenancy of the appellant. The premises in question was not in the urban area when the suit for possession was filed on 18/4/2013 after serving a notice of termination of tenancy under Sec. 106 of the Transfer of Property Act, 1882 (For short, the 'TP Act'). During the pendency of the suit, the State Government issued a notification on 11/7/2014 extending the provisions of the Rajasthan Rent Control Act, 2001 (For short, the 'Act') w.e.f. 11/5/2015.
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