AIR 2017 RAJASTHAN 137 ::(2017) 3 WLC (RAJ) 340 ::(2017) 3 Raj LW 2528

Rajasthan High Court

Hon'ble Judge(s): Alok Sharma , J

(A) Rajasthan Rent Control Act (1 of 2003) , S.32(3), S.9(a)— Rajasthan Premises (Control of Rent and Eviction) Act (17 of 1950) , S.19A— [Since repealed] - Effect of repeal - On right of tenant to deposit rent in Court - Mere fact of tenant filing application u/S. 19-A of Repealed Act, for depositing rent payable to landlord - Does not confer on tenant vested or inchoate right to continue depositing rent with Court subsequent to repeal of Act of 1950 - Deposits u/S. 19-A, does not partake character of 'suit, application or other proceedings' referred to in S. 32 of New Act of 2001 - S. 19-A of Act of 1950, not saved under Act of 2001. General Clauses Act (10 of 1897) , S.6— Section 19-A of Act of 1950 only sets out modes of payment of rent to landlord either by way of money order, deposit in bank account disclosed by landlord on notice by tenant or finally as last resort by way of deposit in court, in event of two other modes not being effective for reason of landlord's refusal to accept rent. Deposit so made was peremptory step safeguarding tenant from eviction on ground of default under Section 13(1) of Act of 1950. Clearly proceedings u/S. 19-A of Act of 1950 did not partake character of 'application' as word has been used in S. 32 of Act of 2001, albeit S. 19-A(5) indicates that 'an application' along with deposit of rent in court by tena....