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NUPUR BHATI
Legal Heirs Of Late Shri Kanhaiya Lal S/o Shri Mangi Lal – Appellant
Versus
Legal Heirs Of Late Shri Dhanraj S/o Late Shri Mangalchand – Respondent
JUDGMENT :
1. The present writ petition has been filed under Article 226 and 227 of the Constitution of India with the following prayers:-
2. Accordingly, petition filed by the plaintiff-respondent before the Rent Tribunal may very kindly be dismissed; and
3. Any other relief/reliefs which this Hon’ble High Court may deem just and proper in the circumstances of the case, may kindly be granted in favour of the petitioner.”
2. The brief facts of the case are that the respondents-plaintiffs filed a petition (Annex.1) under Section 9 of the Rajasthan Rent Control Act, 2001 (for short, ‘the Act of 2001’) for eviction of the petitioners-defendants from the shop on the ground of bonafide necessity and default in payment of rent. It was stated that the rent of the shop in question is Rs.6250/-became due for the period April 2006 to 31 January, 2007, which was neither
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....
The court established that under the Rajasthan Rent Control Act, 2001, landlords must provide proper notice of rent arrears, and tenants can be evicted for non-payment if the legal requirements are m....
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.
Default in rent payment justifies eviction; refusal to accept notice constitutes valid service.
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.
The main legal point established in the judgment is the significance of appearing before the tribunal and rebutting claims to contest eviction proceedings.
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