CHETNA DADHICH Vs. MEHRUNNISA

JUDGEMENT

(1.) THE petitioner has challenged the order dated 1-4-2006 passed by Rent Tribunal, Kota whereby his application for dismissing the petition filed by the respondent landlord for eviction of the petitioners tenant from their premises on account of personal bona fide was rejected. Application was filed on the ground that the landlord had already earlier filed a suit for eviction against the tenant on the ground of default which was dismissed on 10-4-2003 and appeal there against was pending before this Court.

(2.) I have heard Shri Mahesh Sharma, the learned counsel for the petitioner.

(3.) RIGHT has therefore been conferred on the plaintiff / appellant to continue the proceedings under the old Act for which clause (c) of sub-section (3) of Section 32 provides that all prosecutions instituted under the provisions of the repealed Act shall be effective and disposed of in accordance with such repealed law, including the right of appeal which has been provided in clause (b) providing that "the provision for appeal under the repealed Act shall continue in force in respect of applications, suits and proceedings disposed of thereunder". If however the plaintiff does not decide to withdraw the suit or the appeal in case the suit or appeal is pending at the time of commencement of Act of 2001, it would be continued and decided in accordance with old law. Such non withdrawal of suit or appeal however does not debar instituting a fresh proceeding by filing fresh petition under any of the provisions of the Act of 2001 provided it is based on a fresh cause of action, though nature of ground for ejectment may even be same.