INDIAN RED CROSS SOCIETY Vs. MANOHAR JASWANI

JUDGEMENT

(1.) BRIEF facts of the case are that the non- applicant (respondent) moved an application under Section 3 (8) (5) of the Rajasthan Rent Control Act, 2001 (for short, the Act of 2001 stating therein that since the applicant Red Cross Society was a corporate body under the Central Act and as such provisions of the Act of 2001 were not attracted and the learned Tribunal was having no jurisdiction by virtue of Section 3 of the Act of 2001.

(2.) THE petitioner submitted that the Indian Red Cross Society is a body corporate and was established under Indian Red Cross Society Act, 1920 (for short, the Act of 1920 ). As per Section 2 of the Act of 1920, the first members of the society were to be nominated by the persons who immediately before the commencement of the Act were the members of the Joint War Committee, Indian Branch of the order of St. John of Jeru Salem in England and the British Red Cross Society. Section 3 authorized the Committee to appoint the Managing Body of the Society. Section 4 of the Act of 1920 is reproduced hereunder: - &nbsp&nbsp&nbsp&nbsp&nbsp" THE First members of the society and all the persons may hereafter become members thereof so long as they continue so to be, are hereby constituted a body corporate under the name of the Indian Red Cross Society, and the said body shall have perpetual succession and a common seal with power to hold and acquire property, movable and immovable, and shall sue and be sued by the said name".

(3.) THE Rent Appellate Tribunal vide its judgment dated 18. 4. 05 accepted the appeal and dismissed the application field by the petitioner-applicant on the premise that the suit shop fell within the definition of public premises under the act of 1964 and the provisions of the Act of 2001 are not applicable.