The Rent Tribunal lacks jurisdiction to determine title or ownership disputes under the Rajasthan Rent Control Act, 2001.

Mr. M.N. Bhandari, J.

1. By this writ petition, a challenge is made to the order dated 03rd April, 2015 so as the order dated 12th August, 2015 passed by the Rent Tribunal and the Appellate Rent Tribunal.

2. The petitioner preferred an application under Section 11 of the Rajasthan Rent Control Act, 2001 (for short "the Act of 2001") to seek restoration of the property sealed and possessed by the Forest Department. The application was dismissed by the Rent Tribunal and appeal thereupon was also dismissed by the Appellate Rent Tribunal.

3. Learned counsel for the petitioner submits that the land in dispute was given on lease initially by the Forest Department. It was for the period of ten years. The lease period was to expire in the year 1978, but, prior to it, the land was acquired and transferred initially to the Urban Improvement Trust (UIT) and now to Jaipur Development Authority (JDA). The land accordingly vested in UIT, but, the Forest Department unauthorisedly taken possession of the land thus an application under Section 11 of the Act of 2001 was maintained. The Forest Department had no authority to take possession of the property vested in the JDA and earlier to UIT. The Rent Tribunal however dismissed the application treating it to be property of the Forest Department. It is mainly in reference to Jamabandi where name of the Forest Department still exists, though, the land should have been mutated in favour of UIT on its acquisition.

4. A reference of gazette notification has also been given where the area in question was transferred to UIT, Jaipur. The gazette notification was also ignored by the Tribunal while dismissing the application under Section 11 of the Act of 2001. In fact, the title came to the UIT, Jaipur and, thereupon, to JDA thus the Forest Department had no authority to take possession of the property in dispute. Accordingly, the application under Section 11 of the Act of 2001 should have been allowed.

5. The petitioner preferred an appeal against the order passed by the Rent Tribunal, but, it has also been dismissed. The main issue about authority of Forest Department to take possession of the property remained undecided and, specifically, in reference to acquisition of land and the gazette notification issued thereupon transferring the area. The orders under challenge may accordingly be set aside with acceptance of application under Section 11 of the Act of 2001 and, accordingly, possession of the disputed property may be restored to petitioner.

6. Learned counsel appearing for the Forest Department has opposed the petition. It is submitted that the land in dispute was belonging to the Forest Department and, accordingly, it was leased out to the petitioner for the period of ten years. The period of lease expired in the year 1978, but, prior to it, land in dispute was transferred by the petitioner to one Mr. Shikhar Jain. The petitioner has no authority to challenge the action of the respondents in view of the transfer of the land by him. In fact, Mr. Virendra Kumar Jain was not found in possession, but, his son Mr. Nitin Kumar Jain was found on the spot when possession of the property was taken. It is further submitted that once lease period expired, the petitioner had no authority to continue with the possession of the property and, accordingly, he was served with the notice. When possession was not given even after receipt of notice, it was taken as the petitioner remained unauthorised occupant of the property.

7. So far as the fact pertaining to acquisition of land is concerned, the issue aforesaid could not have been raised before the Rent Tribunal as title and ownership of the property cannot be determined under the Act of 2001. The mutation of the property was existing in the name of Forest Department on the date of taking possession of the property thus the plea taken by the petitioner in reference to gazette notification and other documents are not tenable. The gazette notification was othe