Alwar Zila Bunkar Sahakari Sangh Ltd. v. Rent Tribunal, Alwar
2007-02-27
ASHOK PARIHAR
body2007
DigiLaw.ai
Judgment Ashok Parihar, J.-Application under Section 6 of the Rajasthan Rent Control Act for revision of rent was allowed by the Rent Tribunal, Alwar vide order dated 30.11.2005. The above order further came to be affirmed by the Appellate Rent Tribunal vide order dated 06.07.2006. Hence, the present writ petition challenging the orders of both the authorities below mainly on the ground that the petitioner Sangh is a registered society under the Rajasthan Cooperative Societies Act and is exempted from the provisions of Rajasthan Rent Control Act as per Section 3(x) of the Act. The relevant provision, as relied upon by the Counsel for the petitioner, is reproduced here as under : "3. Chapters II and III not to apply to certain premises and tenancies.- (i) to(ix) . . . . (x) to any premises let to banks, or any Public Sector Undertakings or any corporation established by or under any Central or State Act, or multinational companies, and private limited companies or public limited complies having a paid up share capital of rupees one crore or more". 2. The petitioner been a Sangh of various private Societies, though registered under the Cooperative Societies Act, by no stretch of imagination can be treated as corporation or public sector undertaking established by or under any Central or State Act. 3. Since after due consideration proper discretion has been used by both the authorities below, in the facts and circumstances, no further interference is called for by this Court under writ jurisdiction. The writ petition is dismissed accordingly as having no merits.