RAJASTHAN MAHILA PARISHAD Vs. APPELLATE RENT TRIBUNAL

JUDGEMENT

(1.) THE petitioner Rajasthan Mahila Parishad, Udaipur, said to be a society registered under the Rajasthan Societies Registration Act, 1958 and a public trust registered under the Rajasthan Public Trusts Act, 1959 and a recognised educational institution under the Rajasthan Non- Government Educational Institutions Act, 1989 receiving 90% government aid, opposed an application made by its landlords under Section 6 of the Rajasthan Rent Control Act, 2001 ('the Act' / 'the Act of 2001') for revision of rent in relation to the premises let to it, essentially on the ground that it being a registered society, a registered public trust, and a government aided institution, the provisions contained in Chapters II and III of the Act do not apply for the exclusion provided in clauses (viii) and (iv) of its Section 3. THE petitioner-tenant also contended that the rent was fixed as per the assessment made by the Public Works Department of the Government of Rajasthan; and that the State of Rajasthan was a necessary party in whose absence, the matter could not be proceeded with.

(2.) THE learned Rent Tribunal by its order dated 09. 02. 2004 (Annex. 10) considered and rejected the basic submission of the petitioner about exclusion of Chapters II and III of the Act with reference to clauses (viii) and (iv) of Section 3 of the Act with the finding that the premises in question belong to the private persons and the provisions referred by the petitioner apply in relation to the premises belonging to or of the ownership of certain trusts or bodies; and the petitioner being only a tenant, exclusion clauses do not apply.

(3.) SECTION 3 of the Act of 2001, which excludes certain premises and tenancies from operation of Chapters II and III of the Act, reads thus: 3. Chapter II and III not to apply to certain premises and tenancies.- Nothing contained in Chapter II and III of this Act shall apply,- (i) to the new premises built or completed after the commencement of this Act and let out through a registered deed in which date of completion of such premises is mentioned; (ii) to the premises existing at the commencement of this Act, if let out after such commencement for a period of five years or more through a registered deed and the tenancy is not terminable before expiry of its duration at the option of the landlord; (iii) to any premises let out for residential purposes before or after the commencement of this Act, the monthly rent whereof is- (a) rupees seven thousand or more, in the case of the premises situated in the municipal area of Jaipur city; (b) rupees four thousand or more, in the case of premises let out at places situated in the municipal areas comprising the Divisional Headquarters Jodhpur, Ajmer, Kota, Udaipur and Bikaner; (c) rupees two thousand or more, in case of premises let out at places situated in other municipal areas to which this Act extends for the time being; (iv) to any premises belonging to or let out by the Central Government or the State Government or a local authority; (v) to any premises belonging to or let out by any body corporate constituted by a Central Act or a Rajasthan Act; (vi) to any premises belonging to a Government company as defined under section 617 of the Companies Act, 1956 (Central Act No. 1 of 1956); (vii) to any premises belonging to the Devasthan Department of the State, which are managed and controlled by the State Government or to any property of a Wakf, registered under the Wakf Act, 1995 (Central Act No. 43 of 1995); (viii) to any premises belonging to such religious, charitable or educational trust or class of such trusts as may be specified by the State Government by notification in the Official Gazette; (ix) to any premises belonging to or vested in a University established by any law for the time being in force; (x) to any premises let to banks, or any Public Sector Undertakings or any Corporation established by or under any Central or State Act, or multinational companies, and private limited companies or public limited companies having a paid up share capital of rupees one crore or more; Explanation.- For the purpose of this clause the expression ''bank'' means,- (i) the State Bank of India constituted under the State Bank of India Act,1955 (Central Act No. 23 of 1955); (ii) a subsidary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act No. 38 of 1959); (iii) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act No. 5 of 1970) or under section 3 of the Banking Companies (Acquisition and Transfer of Undertaking) Act,1980 (Central Act No. 40 of`1980); (iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (Central Act No. 2 of 1934); and (xi) to any premises let out to a citizen of a foreign country or to an embassy, High Commission, Legation or other body of a foreign State, or such international organisation as may be specified by the State Government by notification in the Official Gazette. ''