BANKARAM Vs. SMT. MEERA DEVI

JUDGEMENT

(1.) The present second appeal has been filed by the appellant- defendant laying challenge to the judgment and decree dated 19.12.2016 passed by the learned Appellate Court in Civil Appeal (Decree) No. 31/2016 (06/2016) whereby, the judgment and decree dated 04.05.2016 passed by the Trial Court in Civil Original Suit No. 9/2011 (899/2014), allowing the suit filed by the plaintiff- respondent, has been affirmed.

(2.) At the time of filing the present second appeal, the appellant has proposed following substantial questions of law and raised grounds relating to these questions.

(3.) Mr. Siddharth Tatiya, learned counsel for the appellant has contended that after promulgation of the Rent Control Act, 2001 and its applicability in Municipal Area, Balotra, the Civil Court has ceased to have jurisdiction to try, decide and hear the suits in relation to the recovery of possession, eviction, recovery of rent etc. of rented premises. He placed reliance upon the Full Bench decision dated 26.10.2017 passed by this Court, in support of his contention.