GOPAL Vs. SMT. CHANDA DEVI & ORS.

JUDGEMENT

(1.) This first appeal under Sec. 96 Code of Civil Procedure has been filed against the judgment and decree dated 22.3.2011 passed by Additional District Judge (Fast Track) No.1, Beawar in Civil Suit No. 80/2009 (1/09) by which a decree of eviction has been passed against the appellant.

(2.) A number of objections have been raised in the memo of appeal thereafter today an application has been filed by the appellant to bring subsequent events on record and contention of the appellant is that the Rajasthan Rent Control Act, 2001 (hereinafter referred to as the Act of 2001) has come into force in Beawar w.e.f. 11.7.2014. The disputed premises is situated in town Beawar and by virtue of Sec. 9 of the said Act, no order of eviction can be passed against a tenant unless the grounds mentioned under the Act of 2001 are proved. The decree of eviction has been passed only under the provisions of the Transfer of Property Act on the basis of termination of lease by notice under Section 106 of the Transfer of Property Act. The subsequent events goes to the root of the jurisdiction and hence the decree could not be sustained and the appeal be allowed. Per contra, the contention of the respondents is that once a suit has been culminated into decree any subsequent change in law cannot snatch the right of the respondents.

(3.) Heard the learned counsel for the parties and perused the judgment and decree under appeal as well as the original record of the case.