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PUSHPENDRA SINGH BHATI
Shankerlal Sankhla S/o Shri Keshrimal – Appellant
Versus
Agarwal Panchayat, Agrawalon Ka Nyati Nohra, Khanda Falsa, Jodhpur – Respondent
JUDGMENT :
PUSHPENDRA SINGH BHATI, J.
1. This writ petition has been preferred claiming the following reliefs:
Any other order favourable to the petitioner may also be passed.”
2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner/non-applicant, are that the respondent filed an application under Section 9(A), (I) and Section 18 of the Rajasthan Rent Control Act, 2001 (hereinafter referred as ‘Act of 2001’) before the learned Additional Chief Judicial Magistrate (Rent Tribunal), Jodhpur Metropolitan seeking eviction of the petitioner/non-applicant from the residential premises in question, as let out to the petitioner/non-applicant. Such eviction was sought on the ground of non-payment of rent of the residential premises in question by the petitioner/non-applicant. It was further stated in the application that the house in question was let out on 01.04.1999 on monthly rent of Rs. 65/- the rate of monthly rent rema
Appellate Rent Tribunal has allowed documents to be taken on record, while remanding matter back to learned Rent Tribunal.
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.
Since the Rent Tribunals have been given power to deal with incidental matters relating to dispute between landlord and tenant also, the case in hand, where suit for possession has been filed before ....
The main legal point established in the judgment is the significance of appearing before the tribunal and rebutting claims to contest eviction proceedings.
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