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SUDESH BANSAL
Shankarlal Nadani – Appellant
Versus
Sohanlal Jain – Respondent
ORDER
1. This Civil Second Appeal under Section 100 CPC filed by the appellant-defendant-tenant (hereinafter 'the tenant') comes up challenging the judgment and decree dated 05.10.2021 by the learned Additional District Judge, Suratgarh, District Sriganganagar in Civil Appeal No. 06/2015 upholding and affirming the judgment and decree dated 28.05.2015 passed by the Civil Judge, Suratgarh in Civil Original Suit No. 24/2013 decreeing the suit filed by the respondent-plaintiff-landlord (hereinafter 'the landlord') for eviction and mesne profits.
2. Heard the learned counsel for the parties and perused the impugned judgment and decree passed by the Courts below.
3. The facts of the case as culled out from the record are that one Shop No.4 (measuring 10x15 sq. feet) situated at Jain Katla, Suratgarh of the respondent-landlord was let out to father of the appellant and after the death of father, the shop is continuing in monthly tenancy of the appellant. As per plaint, the shop was let out in the year 1982 at the rent of Rs.583.33 per month whereas as per the defendant, the shop was taken on rent in the year 1972 at the rent of Rs.110/- per month and the rent was enhanced to Rs.3500/- half
The court affirmed that eviction proceedings under the Transfer of Property Act remain valid despite the subsequent application of the Rent Control Act, provided they were initiated before the Act's ....
The court affirmed that eviction proceedings under the Transfer of Property Act remain valid despite subsequent enactments, provided they were initiated before the new law's applicability.
(1) Decree passed by civil court is valid and executable which is not interdicted by applicability of the Act to area in question.(2) Rights of parties have to be determined on the date of filing of ....
Eviction of tenant – Tenant does not have a vested right under Rent Control legislation but it has only a protective right – Such right can be withdrawn at any time.
: 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 court established that disputes between landlords and tenants must be resolved by the Rent Tribunal, not civil courts, as per Section 18 of the Rajasthan Rent Control Act, 2001.
The mandatory nature of Section 14(2) of the DRC act and the landlord's remedy to file a civil suit for possession when the tenant denies the landlord-tenant relationship.
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