RAM LAL Vs. MOHAN LAL

JUDGEMENT

(1.) THIS revision petition is directed against the Order dated 20.1.2009 passed by the learned trial Court rejecting the application u/O. 7 Rule 11 C.P.C. of the petitioner-defendant. The petitioner submitted that the earlier the suit filed by the plaintiff-landlord was returned for proper presentation on 21.12.1999 against the plaintiff approached this Court and this Court remanded the matter back to the learned District Judge and the learned District judge disposing of the appeal filed by the plaintiff on 1.11.2004 directed that if valuation of the suit is reduced below Rs. 50,000/- by waiving of claim of arrears of rent by Rs. 7,000/-, the suit in question may be entertained by the learned trial Court. Accordingly, the said suit originally filed on 19.8.1995 was again filed by the plaintiff waiving his claim of arrears of rent by Rs. 7000/- and thus amended suit registered on 1.11.2004 as suit No. 23/2004 - Mohan Lal v. Ram Lal was instituted in the learned trial Court of Civil Judge (Sr. Div.), Pali.

(2.) THE defendant again filed the present application under Order 7 Rule 11 C.P.C. inter alia stating that in the meanwhile since new Rent Control Act,2001 had come into force w.e.f. 1.4.2003, therefore, the amended suit as instituted on 10.11.2004 was not maintainable in the said Court, but could be filed only before the Rent Tribunal as per the provisions of new Rent Control Act, 2001. The learned trial Court has rejected the said application under Order 7 Rule 11 C.P.C. by impugned order, which is being challenged in the present revision petition.

(3.) HAVING heard the learned counsel and upon perusal of the provisions of Section 32 of the Act, this Court is satisfied that the learned trial Court has not committed any error in rejecting the application u/O. 7 Rule 11 C.P.C. of the present petitioner-defendant. Section 32 of the said Act is reproduced in extenso :- Section 32. Repeal and saving.-(1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-Sec. (3) of Sec. 1 of this Act.