Rajasthan High Court - Jodhpur
Megha Ram vs Bimla Devi on 13 December, 2021
Bench: Pushpendra Singh Bhati
(1 of 2) [CW-3221/2017]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3221/2017
Megha Ram S/o Shri Chetan Ram, B/c Jat, Resident Of- Village-
Murdakiya, Tehsil- Sujangarh, Aguna Bazar, Sujangarh District-
Churu.
----Petitioner
Versus
Bimla Devi W/o Late Shri Sitaram, B/c Bediya Agarwal, Resident
Of- Naya Bazar, Sujangarh, District- Churu.
----Respondent
For Petitioner(s) : Mr. Abhinav Jain
For Respondent(s) : Mr. SS Ladrecha a/w Mr. DS Pidiar
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/12/2021
1. The matter comes up on an application for extension of
interim order dated 24.03.2017 passed by this Court whereby the
Court restrained the court below from passing any final order.
2. Learned counsel appearing for the respondent/s has pointed
out that in a similar matter this Court had passed a similar interim
order in Abdul Majid Vs. Chauthi Lal in SBCWP No.10728/2019 on
04.07.2019. The said order has been assailed in Chauthi Lal
Agarwal (since deceased) Vs. Abdul Majid in SLP No.15676/2021
before the Apex Court and the Apex Court vide order dated
10.08.2021 passed following order:-
"Delay Condoned.
Applications seeking exemption from filing official translation
and certified copy of the impugned order are allowed.
Issue notice.
Until further orders, there shall be stay of operation of the
impugned interim orders of the High Court.
Tag with SLP(C) No.1551/2018."
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(2 of 2) [CW-3221/2017]
3. Learned counsel for the respondent/s submits that keeping
in view the order passed by the Supreme Court, the interim order
passed by this Court does not deserve to be extended.
4. This Court finds that the original judgment passed by this
Court in K. Ramnarayan Vs. Shri Pukhraj in DB Civil Ref No.1/2015
holding that the cases under the TP Act cannot be allowed to
continue has been stayed by the Supreme Court in Pukhraj Vs. K.
Ramnarayan in SLP No.1551/2018.
5. In view of the stay passed by the Hon'ble Supreme Court,
the trial Court would continue to have jurisdiction to decide the
case under the Transfer of Property Act as it existed and the new
Rent Control Act would have no retrospective application as per
the view taken by this Court, as the view of this Court has already
been stayed by Hon'ble Supreme Court.
6. In view thereof, the interim order passed by this Court in
writ petition are vacated and the writ petition is also dismissed.
However, it is made clear that in case, the Hon'ble Supreme Court
in SLP No.15676/2021, decides to make the Rent Control Act,
2001 applicable, either prospectively or retrospectively, which
obviously shall govern the field in the present case also, more
particularly, final adjudication thereof, and thus, in such an
eventuality, the petitioner shall be at liberty to move appropriate
application / petition, strictly in accordance with law.
7. All pending applications also stand disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
35-Sudheer/-
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