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ASHOK KUMAR GAUR
N. K. Singh – Appellant
Versus
Brijmohan Singh – Respondent
ORDER
1. This writ petition has been filed by the petitioner, challenging the order dated 16.03.2019 whereby the Appellate Rent Tribunal, Kota has set aside the order dated 12.02.2016 passed by the Rent Tribunal, Kota and further the matter has been remanded back to the Rent Tribunal for deciding the issue afresh on the application filed by the petitioner under Order 7 Rule 11 CPC.
2. Learned counsel for the petitioner submitted that the respondent had filed an application of eviction against the present petitioner claiming himself to be owner of the suit premise.
3. Learned counsel for the petitioner submitted that the petitioner specifically pleaded before the court below that there was no relationship of landlord and tenant between the petitioner and the non-petitioner and as such an application under Order 7 Rule 11 CPC read with Section 21 of Rajasthan Rent Control Act, 2001 (hereinafter referred to as ’the Act of 2001’) was filed.
4. Learned counsel for the petitioner submitted that the court below after considering the entire facts and the definition of landlord and tenant as given in the Act of 2001, came to the conclusion that the non-petitioner was not the landlord of the sui
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
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.
The main legal point established in the judgment is the significance of appearing before the tribunal and rebutting claims to contest eviction proceedings.
The landlord is required to prove the existence of the relationship of landlord and tenant and the grounds for eviction, and the title to the premises in dispute is not essential for the decision of ....
A plaint cannot be rejected under Order 7 Rule 11 CPC if a tenant-landlord relationship is established, and debatable issues require evidence in the main proceedings.
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