BHAG CHAND Vs. ADDL DISTT JUDGE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner.

(2.) DEFENDANT-petitioner, in this writ petition, has challenged the order dated 29th January, 2004 (Annexure-1), passed by the Civil Judge (Junior Division), Kota, whereby the application filed by the plaintiff-respondents under Section 7 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter shall be referred to as `the Old Act') was allowed and the provisional rent of the rented premises at the rate of Rs. 1600/- per month was determined with effect from 1st May, 2002 and the appellate court's order dated 9th September, 2004 dismissing the appeal of the tenant-defendant.

(3.) THE judgment of the Division Bench is mainly based on the judgment of the Hon'ble Supreme Court in Northern India Caterers' case (supra), whereas the said judgment had already been overruled by the larger Bench i. e. 7 Judges Constitutional Bench of the Hon'ble Supreme Court in the case of Maganlal Chhagganlal (P) Ltd. vs. Municipal Corporation of Greater Bombay and Others - AIR 1974 SC 2099, (Para 16 and 25 ). It appears that the aforesaid judgment of the Hon'ble Supreme Court in M. Chhagganlal's case (supra) was not brought to the notice of the Division Bench and the same was not considered while deciding Kamal Kishore's case.