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NUPUR BHATI
Mahaveer Prasad S/o. Shri Kesari Mal Jhanwar – Appellant
Versus
Rent Tribunal, Bhilwara – Respondent
JUDGMENT :
1. The present writ petition has been filed under Article 226 & 227 of the Constitution of India by the petitioner seeking for the following reliefs :-
(ii) The application under Section 20 of the Rajasthan Rent Control Act, 2001 filed the respondent no.2 may kindly be ordered to be dismissed.
2. The facts of the case in brief are that on 30.11.2007 respondent no.2/landlord filed an application under Section 9(A) (J) & (L) of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as the ‘Act of 2001’) before the learned Rent Tribunal, Bhilwara stating inter alia that his commercial property i.e. Godown No. 33 was on rent @ Rs.2420/-per month with the petitioner/tenant, of which, respondent no.2/landlord is in bonafide need whereas the petitioner/tenant is not in need of the godown as he has put lock on the godown. For the last 15 months, the petitioner is neither taking any use of the rented property nor is paying rent. The rent of 30 months is due against the petitioner/tenant and despite giving notice neither the petitioner is paying r
The burden of proof in establishing default in payment of rent lies with the landlord, and the landlord must discharge the initial burden of proof.
The main legal point established in the judgment is that the court, while exercising its powers under Article 227 of the Constitution of India, cannot re-appreciate the evidence and can only interven....
The court affirmed that eviction under Section 9(i) of the Rajasthan Rent Control Act does not require prior notice for arrears of rent, focusing on bonafide necessity.
Tenants can be evicted for using premises inconsistently with tenancy purpose, supported by sufficient evidence from the landlord.
The court established that under the Rajasthan Rent Control Act, 2001, landlords must provide proper notice of rent arrears, and tenants can be evicted for non-payment if the legal requirements are m....
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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