Kanhaiya Lal Vs. Nemi Chand - Court Judgment

Excerpt:
transfer of property act - ejectment decree--execution of and rajasthan premises (control of rent and eviction) act, 1950--section 26--eviction decree passed under transfer of property act--rent control act made applicable--held, decree cannot be executed.;appeal allowed - - 2. learned counsel for the appellant has submitted an application that the municipality has been established in jetaran since 29.10.75 and thereafter in view of notification issued by the state of rajasthan on 18th of may, 1979, the state government extended rajasthan premises (control of rent and eviction) act, 1950, to all the municipal towns in the state of rajasthan and, therefore, the rajasthan premises (control of rent and eviction) act, 1950, is applicable to jetaran as well.surendra nath bhargava, j.1. this is defendent's second appeal against the judgement and decree passed by the civil judge, pali confirming the decree of munsif jetaran and decreeing the suit for ejectment and arrears of rent.2. learned counsel for the appellant has submitted an application that the municipality has been established in jetaran since 29.10.75 and thereafter in view of notification issued by the state of rajasthan on 18th of may, 1979, the state government extended rajasthan premises (control of rent and eviction) act, 1950, to all the municipal towns in the state of rajasthan and, therefore, the rajasthan premises (control of rent and eviction) act, 1950, is applicable to jetaran as well. the disputed property is situated in jetaran and parties also belong to jetaran and, therefore, in view of section 26 of the said act, a decree for eviction of a tenant, for any premises in areas of which this act extends cannot be executed against him except on any of the ground mentioned in section 13 of the act. since the suit was filed in the year 1969 and at that time the rent control act was not in force in jetaran. the suit was based entirely on the transfer of property act. in view of section 26, the decree under appeal cannot be executed and, therefore, this appeal deserves to be allowed.3. in the result, the appeal is allowed. the judgment and decrees passed by both the courts below are set aside and it will be open for the landlord-respondent to file fresh suit for eviction if he so desires on any of the ground mentioned in section 13 of the rent control act. the landlord-respondent will be entitled to receiver or to receive the arrears of rent deposited by the tenant-appellant in the court. no order as to costs.