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Amarchand vs. Smt. Vijaya

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Rajasthan Rent Control Act, 2001–Sec. 1(2)–Transfer of Property Act, 1882–Sec. 106–Rajasthan Premises (Control of Rent & Eviction) Act, 1950–Sec. 13–Applicability of provision–Suit for eviction after termination of tenancy was filed on 12.08.2005–Act of 2001 came to be effected in the Beawar Municipal Area from 11.07.2014 when the appeal was pending–Plea of appellanttenant that the suit under the provisions of T.P. Act was not maintainable because by virtue of notification dated 27.11.1957, the provisions of Act of 1950 were made applicable in the property situated in Municipal Council Beawar–Such defence was not taken in written statement–He himself took the contrary stand before the trial Court that the provisions of Act of 2001 came into operation in the municipal area of Beawar w.e.f. 22.02.2006–He cannot be allowed to take a somersalt by taking resort to the judgment of Harkesh Chand–Issue is decided against the appellant–Declined to make any interference.