BHAGWAN DAS Vs. SURESH PRAKASH

JUDGEMENT

(1.) The present second appeal has been preferred against the judgment and decree dtd. 2/11/2022 passed by the Additional District Judge No.2, Nimbaheda, Chittorgarh whereby the appeal as preferred by the appellants has been dismissed and the judgment and decree dtd. 8/4/2015 passed by the Civil Judge, Nimbaheda, Chittorgarh has been affirmed and the suit filed by the respondents for eviction has been decreed.

(2.) At the outset, learned counsel for the appellants submitted that the present second appeal involves the most crucial substantial question of law as to whether the present suit itself was maintainable in view of the fact that the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'The Act of 1950') had been repealed and the new Rajasthan Rent Control Act, 2001 had come into force w.e.f. 1/4/2003. Learned counsel submitted that admittedly, the suit was preferred on 7/10/2003 after the date the Act of 1950 having been repealed and the new Rent Control Act, 2001 having come into effect. Therefore, the present suit filed under the provisions of the Act of 1950, admittedly, could not have been entertained by the Trial Court and further could not have been affirmed by the first appellate Court. In support of his submissions, learned counsel for the appellants relied upon the judgment of this Court in the case of Kamal Kishore Chitlagiya Vs. Smt. Ramkawari Devi Jhawar; reported in 2013 (3) RLW 1915 (Raj.).

(3.) Learned counsel for the respondents is not in a position to controvert the above stated position of law. He is not in a position even to controvert the position as settled by this Court in catena of judgments: