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MAHENDAR KUMAR GOYAL
Pyare Miya – Appellant
Versus
Abhinav Jain – Respondent
ORDER
1. This writ petition under Article 227 of the Constitution of India is directed against the order dated 17.09.2022 passed by the learned Rent Tribunal, Tonk in Rent Application No.03/2022 whereby, an application filed by the petitioners/non-applicants/tenants under Section 151 CPC for dismissing the rent application filed by the respondents/applicants/landlord, has been dismissed.
2. The relevant facts in brief are that the respondents/applicants filed an application under Section 9 and Section 18 of the Rajasthan Rent Control Act, 2001 (for brevity, ’the Act of 2001’) against the petitioners/non-applicants seeking their eviction from the tenanted premises as also their dispossession from the premises allegedly encroached upon by them. During its pendency, the petitioners filed an application under Section 151 CPC seeking dismissal of the application filed by the respondents on the premise of misjoinder of causes of action. The application has been dismissed by the learned Rent Tribunal vide its order dated 17.09.2022, impugned herein.
3. Assailing the order, learned Senior Counsel for the petitioners would submit that the application filed by the respondents seeking their evic
The provisions of the Act do not discriminate in the procedure applicable for a petition filed under Section 9 or for a petition filed under Section 18 of the Act.
: 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....
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 Appellate Rent Tribunal can only take evidence in exceptional circumstances and cannot usurp the jurisdiction of the Rent Tribunal.
Tenants can be evicted for using premises inconsistently with tenancy purpose, supported by sufficient evidence from the landlord.
The amendment sought under Order 6 Rule 17 CPC should be allowed only if the facts were not within the petitioner's knowledge prior to filing the reply.
Appellate Rent Tribunal cannot be permitted to usurp jurisdiction of Rent Tribunal.
The execution procedure under the Rajasthan Rent Control Act is distinct from the CPC, and repeated applications for similar relief constitute an abuse of process.
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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