RATAN DAGA Vs. BABULAL

JUDGEMENT

(1.) BOTH the learned counsels at bar submit that the issue involved in the present appeal is covered by the decision of Larger Bench of this Court delivered in the case of Bhag Chand Vs. Additional District Judge, No.5 Kota & Ors., reported in 2009 C.J. (Rent Control), 1 and later the view was taken by a co-ordinate Bench of this Court in the case of Ahmed Faruq & Ors. Vs. Jai Kishan & Ors. (S.B.C.F.A. No. 386/2009, decided on 19.08.2010). The operative portion of the aforesaid judgment following the judgment in the case of Bhag Chand (supra) reads as under:

(2.) HOWEVER, in Bhagchand's case (supra), a Bench of this court made a reference for consideration of the following questions by the Larger Bench: