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MAHENDAR KUMAR GOYAL
Geeta Kanwar W/o Late Shri Govind Dan Barethe – Appellant
Versus
Munni Begam W/o Late Shri Munner Khan – Respondent
ORDER
1. This writ petition has been filed under Article 227 of the Constitution of India assailing the judgment dated 21.05.2019 passed by the learned Appellate Rent Tribunal, Jaipur, in Civil Appeal No.83/17 whereby, while partly allowing the appeal preferred by the respondents/tenants against the final order dated 24.01.2017 passed by learned Rent Tribunal No.1, Jaipur (Additional Senior Civil Judge No.1, Jaipur Metropolitan) in original application No.146/2004 whereby, the application filed by the petitioner/ landlord under Section 9 of the Rajasthan Rent Control Act, 2001 (for brevity ’the Act of 2001’), was partly allowed and recovery certificate was issued for default in payment of rent, the findings on issue no.1 have been reversed.
2. The relevant facts in brief are that the petitioner filed an application under Section 9 of the Act of 2001 against the respondents seeking their eviction from the suit premises comprising a house survey No.27, Naagtlai Kacchi Basti, New Ananj Mandi, Surajpole, Jaipur on the grounds of default in payment of rent, parting with possession for consideration and material alteration. The application was allowed by the learned Rent Tribunal, Jaipur v
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 upheld the dismissal of the tenant's appeal due to negligence and failure to provide a sufficient explanation for the delay in filing, emphasizing that the law aids the vigilant.
Tenants can be evicted for using premises inconsistently with tenancy purpose, supported by sufficient evidence from the landlord.
The court upheld the concurrent findings of fact regarding the tenant's subletting of premises, affirming the dismissal of the writ petition under limited supervisory jurisdiction.
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....
Default in rent payment justifies eviction; refusal to accept notice constitutes valid service.
The court emphasized the importance of upholding findings of fact arrived at by the lower tribunals and the landlord's right to choose the best place for doing business.
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.
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