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SUDESH BANSAL
Mangal Das – Appellant
Versus
Amar Singh – Respondent
JUDGMENT
1. Appellant-defendant-tenant (hereinafter referred as "tenant") has preferred this second appeal under Section 100 CPC assailing the judgment and decree dated 02.09.2005 passed in Civil Regular Appeal No.158/2002 by the Additional District Judge No.3, Ajmer affirming the judgment and decree for rent and eviction dated 29.08.2002 passed in Civil Suit No.767/1983 by the Civil Judge (Junior Division), North, Ajmer.
2. The facts succinctly stated, which are relevant to decide the issue involved in the present second appeal, are that the rented premise comprising two shops bearing AMC No.11/12 situated at Imperial Road, Ajmer were in tenancy of the tenant-Mangal Das since 1948 @ Rs.150/- per month. The respondent-plaintifflandlord (hereinafter referred as "landlord") instituted a civil suit for eviction on 26.11.1983 invoking the provisions of Section 13 of the Rajasthan Premise (Control of Rent and Eviction) Act, 1950 (hereinafter referred as "the Act of 1950") on the various grounds of default, nuisance, substantial damages and subletting. In relation to the default, the landlord pleaded that the tenant has committed default in payment of rent for the period from 01.01.1983 to
The main legal point established in the judgment is that the validity of rent deposition in court under Section 19(A) of the Act is contingent upon the tenant fulfilling the mandatory pre-requisites ....
The main legal point established in the judgment is that the acquisition of alternative suitable accommodation by the tenants and the nature of the rented premise as residential were key factors in t....
The grounds available for the landlord prior to the relationship covered under the Act are still available if not repugnant to the Act.
A tenant's statutory obligation to pay rent regularly remains intact despite pending proceedings under Section 8(5) for deposit of rent; failure to do so, resulting in accumulation of arrears, consti....
The judgment emphasized the mandatory nature of the provisions of the Rent Control Act and the requirement for the tenant to offer rent to the landlord before depositing it in Court.
The court reinforced that concurrent findings of fact by lower courts are binding unless proven erroneous, particularly in eviction cases under the Rent Control Act.
The court established that consistent non-payment of rent during proceedings justifies eviction under the UP Rent Act.
The main legal point established in the judgment is that the benefit of first default in payment of rent by a deceased tenant extends to the heirs, and mere enhancement of rent without altering other....
The main legal point established in the judgment is that the benefit of first default accorded to a tenant under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 should be upheld unles....
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