AIR 2002 RAJASTHAN 362 ::2002 A I H C 4426 ::2003 SCFBRC 391 ::(2002) 3 WLC(RAJ) 578 ::(2002) 4 CivLJ 667 ::2003 (2) CivilCourtC 55 ::2003 (2) RecCivR 25 ::2003 (3) ICC 101 ::2003 (1) RajLR 202 ::2003 (1) RenCR 307 ::2003 (2) RajLW 833 ::(2003) 3 LandLR 226 ::(2003) 2 AllIndCas 290 (RAJ)

Rajasthan High Court

Hon'ble Judge(s): Arun Kumar , C.J. AND P. P. Naolekar, Prakash Tatia , JJ

Rajasthan Municipalities Act (38 of 1959) , S.297, S.138— Allotment of shops by Municipal Council - Enhancement of rent - Validity - Agreement entered into between Municipal Council and allottee styled as 'Kiraynama' i.e. lease deed - Relationship between parties is that of landlord and tenant and document executed between parties is a lease-deed - Provision of S.138 relating to licence is not applicable - Notification issued by State Government under S.297(2)(f) which also deals with licence - Does not confer jurisdiction on Municipal Council to increase rent at the rate of 10 per cent every year - Said enhancement is unlawful. (Para 6 7 11 12 13)