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NUPUR BHATI
Lt. Sh. Ashok Kumar S/o Lt. Sh. Rooplal Birani – Appellant
Versus
Roshan Electronics, Through its Proprietor Sh. Deepak Choudhary S/o Late Shri Dayal Singh Choudhary – Respondent
ORDER :
1. The present writ petition has been filed with the following prayer:-
2. Brief facts of the case are that the petitioner filed an application under Section 6 and 9 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as the Act of 2001) before the learned Rent Tribunal, Bhilwara for eviction of the respondent from the property in question. The said application was allowed vide judgment and certificate of eviction dated 12.01.2021. Against the said judgment dated 12.01.2021, the respondent preferred an appeal before the Rent Appellate Tribunal, Bhilwara which was registered as appeal No.11/21 on 22.03.2021. On the same date, the petitioner had given appearance before the learned Tribunal and also submitted his written arguments and the next date was fixed as 05.05.2021. Because of Covid-19, the appeal was not heard on 05.05.2021 and it was listed for arguments on 13.07.2021. On that day, the learned District Judge Bhilwara adjo
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....
Appellate Rent Tribunal has allowed documents to be taken on record, while remanding matter back to learned Rent Tribunal.
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 Appellate Rent Tribunal can only take evidence in exceptional circumstances and cannot usurp the jurisdiction of the Rent Tribunal.
: Court can always lift such veil and see real purpose of filing of suit. Section 18 of the Rent Control Act of 2001 admittedly bars the jurisdiction of any Civil Court in the matters relating to ten....
The appellate court has the discretion to frame additional issues and record additional evidence under Order 41 Rule 25 and Rule 28 of the Code of Civil Procedure.
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 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.
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