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ANOOP KUMAR DHAND
Arvind Kumar Arora Karta of Joint Hindu Undivided Family – Appellant
Versus
Union of India Through Secretary, Sanchar Mantralya, New Delhi – Respondent
Judgment
1. The instant appeal has been preferred by the plaintiffappellant (hereinafter to be referred as 'plaintiff') against the judgment dated 26.02.2009 passed by the Court of Additional District Judge (Fast Track) No. 2, Ajmer (for short, the 'Court below') in Civil Suit No. 75/07 (23/03, 26/03) by which the application filed by the plaintiff for fixation of rent has been partly allowed.
2. Facts in brief of the case are that the plaintiff filed a suit against the defendants/respondents (for short 'the defendants') under Section 6 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short 'the Act of 1950') for fixation of standard rent stating therein that the property was let out to the them 40-45 years back and thereafter the lease was also executed on 01.02.1992 between the plaintiff and defendants for the purpose of payment of rent @ Rs. 900/- per month. It was pleaded in the plaint that the premises in question consists of 25029 Sq. yard land and he can fetch on rent @ Rs. 17600/- per month but the defendants denied to make payment of the said rent, hence, the application was submitted for fixation of the rent.
3. The defendants submitted their reply and
The court established that ongoing rent fixation cases are governed by the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, despite the enactment of the Rajasthan Rent Control Act, 2001.
The court affirmed the trial court's discretion in determining standard rent and the effective date for its applicability under the Rajasthan Premises Act.
Standard rent fixation must reflect contemporary market conditions and is upheld unless substantial legal errors are demonstrated.
Provisional rent must be determined after hearing both parties and considering the last paid rent, ensuring procedural fairness.
The court reaffirmed that a landlord's contractual rent rate is valid unless proven excessive, emphasizing the ineffectiveness of arbitrary rent reductions in commercial leases under the Bombay Rent ....
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does not have a vested right under Rent Control legislation but it has only a protective right – Such right can be withdrawn at any time.
when a suit is filed for eviction of a tenant for being a defaulter in payment of rent, can the tenant thereafter file an application for fixation of rent.
: 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 ....
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