MAHESH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has been filed challenging the orders dated 26-7-2005 and 2-6-2006 passed by the Rent Control Tribunal, Bharatpur and the order dated 26-7-2007 passed by the Rent Control Appellate Tribunal Bharatpur.

(2.) THE facts of the case: the petitioner is a tenant in the premises let out by respondent No.1 Girraj Prasad on 15-2-1990 at the rent of Rs.700/- per month. On coming into force the Rajasthan Rent Control Act, 2001 (herein after "2001 Act'), the respondent landlord (herein after "the landlord') moved an application for revision of rent under Section 6 of the 2001 Act, which provides notwithstanding anything contained in any agreement, where the premises have been let out before the commencement of the Act, the rent thereof shall be liable to be revised according to the formula indicated in section. When the 2001 Act was enacted, clause (b) of sub-section (1) of Section 6 provided that where the premises had been let out on or after 1st January, 1950 the rent payable at the time of commencement of the tenancy would be liable to be increased at the rate of 7.5% per annum and the amount of increase of rent shall be merged in such rent after ten years, and the amount of rent so arrived at would again be liable to be increased at the rate of 7.5% per annum in similar manner upto the year of commencement of the Act. Section 6 (1) (b) read as under:-

(3.) THE Rent Tribunal Bharatpur vide order dated 2-6-2006 dismissed the objection of the tenant on the ground that the order dated 26-7-2005 had attained finality as the same was not challenged in appeal and that the amendment of clause (b) of Section 6(1) of the 2001 Act was prospective. THE tenant preferred an appeal against the order dated 2-6-2006 before the Rent Appellate Tribunal Bharatpur, which came to be dismissed 26-7-2007.