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NUPUR BHATI
Ganpat Singh, S/o. Late Shri Raghunath Singh Panwar – Appellant
Versus
Chandra Prakash, S/o. Late Shri Kyali Lal Nagda – Respondent
JUDGMENT :
1. Though the matter was listed in ‘Fresh’ Category but on the joint request of both the counsel for the parties, the matter is heard finally today itself.
2. This writ petition has been filed under Article 227 of the Constitution of India claiming the following reliefs :
2. Any other relief/reliefs, which this Hon’ble Court may deem just and proper in the facts and circumstances of the case, may also be granted in favour of the Petitioners."
3. The respondents had preferred a rent petition under Section 9 the Rent Control Petition, 2001 (hereinafter referred to as the ‘Act of 2001’). In response to the same, the Petitioners filed an application under Order VII Rule 11 of the Civil Procedure Code, 1908 (hereinafter to referred to as ‘CPC’) for the rejection of the Plaint, on the ground that the respondents are not the owner and landlord of the property, (which is Araji No. 429, wrongly mentioned as 490), instead it is owned by the Urban Improvement Trust, Udaipur (hereinafter referred to as ‘UIT’).
4. In addition to this, the petitioners also filed an app
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 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 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 ....
: 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....
Tenants cannot challenge the landlord's title in eviction proceedings; only the landlord-tenant relationship is relevant under the Chhattisgarh Rent Control Act, 2011.
The definition of 'landlord' under the Rajasthan Rent Control Act, 2001 includes any person receiving or entitled to receive rent, regardless of ownership transfer.
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