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VIJAY BISHNOI
Badri Prasad – Appellant
Versus
Appellate Rent Tribunal – Respondent
ORDER
1. This writ petition has been filed by the petitioners being aggrieved with the judgment dated 30.10.2018 passed by the respondent No.1-Appellate Rent Tribunal, Bikaner (hereinafter to be referred as ’the Appellate Rent Tribunal’), whereby the appeal filed by the petitioners against the judgment dated 25.05.2012 passed by the respondent No.2-Rent Tribunal, Bikaner (hereinafter to be referred as ’the Rent Tribunal’) has been dismissed.
2. The Rent Tribunal vide judgment dated 25.05.2012 allowed the application under Section 9 (a), (e), (f), (i) and (k) of Rajasthan Rent Control Act, 2001 (hereinafter to be referred as ’the Act of 2001’) preferred on behalf of respondent Nos.3 and 4 viz. Meena Devi and Prakash Chand (both now dead) (hereinafter to be referred as ’the eviction petitioners’) and passed a decree of eviction against the petitioners.
3. Brief facts of the case are that on 18.11.2004, the eviction petitioners had filed an application under Section 9 (a), (e), (f), (i) and (k) of the Act of 2001 before the Rent Tribunal seeking eviction of the respondent No.5-Ravindra Kumar and present petitioners viz. Badri Prasad, Leela Devi and Jugnu from the shop (hereinafter to be
The main legal point established in the judgment is the significance of appearing before the tribunal and rebutting claims to contest eviction proceedings.
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....
Tenants can be evicted for using premises inconsistently with tenancy purpose, supported by sufficient evidence from the landlord.
The landlord and tenant relationship is established when rent is received, and the question of ownership is not required to be determined in eviction cases under the Act of 2001.
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