UMASHANKAR Vs. SETH SUGANCHAND CHITLANGIYA CHARITABLE TRUST

JUDGEMENT

(1.) This petition is directed against judgment dt. 7/9/18 passed by the Appellate Rent Tribunal, Sriganganagar, affirming the judgment dt. 29/5/14 passed by the Rent Tribunal, Sriganganagar, allowing the petition preferred by the respondent-landlord seeking eviction of the petitioner from a commercial premises.

(2.) The facts relevant are that the respondent-Seth Suganchand Chitlangiya Charitable Trust ('the Trust') was exempted from applicability of the provisions of Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short "the Act of 1950") by the State Government vide notification dt. 6/3/97. The respondent-Trust filed a suit being No. 59/05, for possession and mesne profit against the petitioner before the District Judge, Sriganganagar, which was later transferred for trial to Additional District Judge No. 2, Sriganganagar. The Act of 1950 stood repealed by virtue of provisions of Sec. 32 of Rajasthan Rent Control Act, 2001 (for short "the Act of 2001"). Keeping in view the provisions of Sec. 18 of the Act of 2001, the suit preferred by the respondent-Trust as aforesaid, was dismissed by the learned trial Court vide judgment and decree dt. 8/5/9 for want of jurisdiction. The State Government issued yet another notification dt. 23/6/9 whereby the respondent-Trust was exempted from applicability of the provisions contained in Chapter II and III of the Act of 2001. The respondent-Trust preferred yet another suit being No. 151/09 before the District Judge, Sriganganagar for eviction of the petitioner-tenant from the suit premises. The petitioner-tenant preferred an application under Order VII Rule 11 CPC seeking rejection of the plaint on the ground that by virtue of provisions of Sec. 18 of the Act of 2001, the suit preferred by the respondent-Trust before the civil Court is not maintainable. The application was rejected by the District Judge, Sriganganagar vide order dt. 27/1/11. Aggrieved thereby, the petitioner preferred a revision petition being No. 35/11 before this Court. The revision petition was allowed by this Court vide order dt. 26/8/11 holding that the suit preferred by the respondent-Trust before the civil Court was not maintainable and accordingly, the suit was dismissed as not maintainable. However, the respondent-Trust was given a liberty to prefer petition seeking eviction before the Rent Tribunal.

(3.) After dismissal of the suit as aforesaid, the respondent-Trust preferred a petition under Sec. 18 of the Act of 2001 seeking eviction of the petitioner from the suit premises. The petition was allowed by the Rent Tribunal, Sriganganagar vide judgment dt. 29/5/14. Aggrieved thereby, the appeal preferred by the petitioner before the Appellate Rent Tribunal stands dismissed by the impugned judgment. Hence, this petition.