Habu Ram (Dead) vs Thanwar Mal S/O Late Shri Sanwar ...
2022 Latest Caselaw 7161 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Civil Second Appeal No. 347/2018

Habu Ram (Dead) through LRs
                                                  ----Appellants-Plaintiffs
                                   Versus
Thanwar Mal S/o Late Shri Sanwar Mal
                                             ----Respondent-Defendant

For Appellant(s)         :     Mr. Alok Sogani
For Respondent(s)        :     Mr. Rajendra Prasad Sharma


           HON'BLE MR. JUSTICE SUDESH BANSAL
                          Order

10/11/2022

Instant second appeal has been filed by appellant-plaintiffs

under Section 100 CPC against the judgment and decree dated

09.03.2018 passed by Additional District Judge Fatehpur

Shekhawati, District Sikar in first appeal No.49/2014, 44/2014

(B.T. No.27/2016) whereby and whreunder allowing the appeal

set aside the judgment and decree dated 11.11.2014 passed by

Civil Judge, Fatehpur, District Sikar in Civil Suit No.70/2000

whereby and whereunder plaintiffs' suit for eviction was decreed

against the defendant.

Learned counsel for appellant-plaintiffs submits that in

respect of rented shop, eviction proceedings under the provisions

of Rajasthan Premises (Control of Rent Eviction) Act, 1950 were

initiated prior to commencement of the Rajasthan Rent Control

Act, 2001 which came in force w.e.f. 01.04.2003. The eviction suit

was decreed by the trial court vide judgment and decree dated

11.11.2014 on the ground of bona fide necessity and non-user.

On filing first appeal, the decree has been set aside merely

for the reason that in the meanwhile, Rent Control Act, 2001 has

(2 of 2) [CSA-347/2018]

come in force and the decree for eviction has rendered

inexecutable.

Learned counsel for appellants submits that the approach of

the first appellate court is wholly illegal, perverse and

unsustainable as proceedings of eviction initiated prior to

commencement of the Act, of 2001 are duly saved by virtue of

Section 32 of the Act of 2001.

Heard.

The second appeal requires admission and consideration on

following substantial question of law:-

"Whether the first appellate court committed illegality, perversity and jurisdictional error in setting aside the eviction decree dated 11.11.2014 passed in Civil suit No.70/2000 which was filed (before commencement of the Rajasthan Rent Control Act, 2001 w.e.f. 01.04.2003) under the provisions of Rajasthan Premises (Control of Rent Eviction) Act, 1950, without adverting to provisions of Section 32 of the Act of 2001 whereunder eviction proceedings under the old Act of 1950 are duly saved, as such the eviction decree dated 11.11.2014 is sustainable in law?" Admit.

Issue notice.

Since respondent has already appeared, no need to issue notice. Service stands complete.

Reminder be sent for summoning record with explanation as to why the record has not been sent so far.

List this appeal in the month of February, 2023 alongwith the record.

(SUDESH BANSAL),J

TN/69

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