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Shyam Kumar vs. Purandas Ji Ki Bagichi Trust, Bhilwara & Anr.

38.00 3.80

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Rajasthan Rent Control Act, 2001–Sec. 32(2) & 32(3)(d)–Transfer of Property Act, 1882–Sec. 106–Eviction suit under the provisions of T.P. Act after the Act of 2001 had effected over the area–Maintainability–Plea of respondentland-lord that the suit was maintainable in view of notification dated 10.07.1995 which has not been repealed Notification cannot help the respondent-landlord as it was issued under the old Act, granting exemption to a religious and charitable trust–However, said notification was applicable only to pending cases–Respondent-land lord has not taken any advantage of the exemption granted under the old Act as no action was taken under the old Act–Held, no right was accrued to him under the provisions of old Act–Impugned order of Appellate Tribunal set aside and order of Rent Tribunal restored.