LAWS(RAJ)-2017-11-135

FIRM HAJI RAHIM BUX GANI CHIMPA THROUGH ITS PROPRIETOR GULAM SADIK CHIMPA S/O SHRI HAJI RAHIM BUX Vs. SMT. SHASHI W/O SHRI RADHESHYAM

Decided On November 09, 2017
Firm Haji Rahim Bux Gani Chimpa Through Its Proprietor Gulam Sadik Chimpa S/O Shri Haji Rahim Bux Appellant
V/S
Smt. Shashi W/O Shri Radheshyam Respondents

JUDGEMENT

(1.) The questions involved in the present writ petitions have recently been decided by the Division Bench of this Court at Jaipur, vide its judgment dated 26.10.2017, rendered in batch of petitions led by D.B. Civil Reference No. 1/2015 titled as "K. Ramnarayan v. Shri Pukhraj ", holding as under:-

(2.) In view of the above enunciation by the Division Bench, the present writ petitions are allowed. Order impugned passed by the Civil Court, holding that continues to have the jurisdiction to try the suit in question despite applicability of Rent Control Act, is quashed and set aside.

(3.) The petitioner(s) shall move an application before the Trial Court, along with certified copy of the order instant. The Trial Court shall thereafter terminate the suit proceedings. It goes without saying that the plaintiff shall be at liberty to take recourse to the appropriate remedies, including filing of the petition under the provisions of Rajasthan Rent Control Act, 2001. Writ Petitions allowed. Writ Petitions allowed.