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VIJAY BISHNOI
Neelam Nagpal – Appellant
Versus
Tolaram – Respondent
JUDGMENT
Vijay Bishnoi, J. - This writ petition has been filed on behalf of the petitioner being aggrieved with the judgment dated 24.03.2021 passed by the appellate Rent Tribunal, Bikaner (hereinafter to be referred as 'the appellate rent tribunal') in appeal No.207/2015 (CIS No.230/2015), whereby it has allowed the appeal filed on behalf of the respondent while setting aside the judgment and decree dated 24.04.2015 passed by the Rent Tribunal, Bikaner (hereinafter to be referred as 'the rent tribunal') in Civil Original Case No.42/2013, whereby the rent tribunal has dismissed the application filed by the respondent under Section 18 of the Rajasthan Rent Control act, 2001 (hereinafter to be referred as 'the act of 2001').
2. Brief facts of the case are that the respondent filed an application against the petitioner under Section 18 of the act of 2001 before the rent tribunal with a prayer to restrain the petitioner from dispossessing him from the property in question without following due process of law. Pursuant to the summons issued by the rent tribunal, the petitioner appeared before it and filed reply to the above application of the respondent. Thereafter, the respondent and his
The main legal point established in the judgment is that every person has the right to prove their case before any court and should be given sufficient opportunity for adducing evidence, while also e....
The provisions of the Act do not discriminate in the procedure applicable for a petition filed under Section 9 or for a petition filed under Section 18 of the Act.
The central legal point established in the judgment is the requirement of the Presiding Officer of the Appellate Rent Tribunal to have not less than three years of experience as mandated by Section 1....
The court established that failure to provide evidence of property exemption and procedural compliance can lead to dismissal of eviction challenges under the Rent Control Act.
The amendment sought under Order 6 Rule 17 CPC should be allowed only if the facts were not within the petitioner's knowledge prior to filing the reply.
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