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REKHA BORANA
Sushil Kumar – Appellant
Versus
Rajendra Kumar Daga – Respondent
ORDER
1. The present appeals were admitted on 13.01.2016 and were directed to be listed for final disposal on 19.02.2016. After that the matters were continuously listed before this Court and adjournments were granted. The interim order dated 13.01.2016 was directed to be continued till next date. On 25.10.2017, it was again ordered that the matters be listed on 07.11.2017 for final disposal. On that date also the interim order was directed to be continued till the next date of hearing. On 07.11.2017, last opportunity was granted for filing the reply and the matters were directed to be listed on 23.11.2017. After that the matters were continuously listed but were not argued and were adjourned. On 16.02.2022, the matters were listed on applications for early listing which were allowed and the appeals were directed to be listed on 05.03.2022. After that the appeals were listed on 05.03.2022, 29.03.2022, 05.05.2022 and 11.07.2022 and on all these dates the appeals were adjourned on a request made by learned counsel for the appellants. On 17.08.2022, last opportunity was granted to learned counsel for the appellants to argue out the matters and the matters were directed to be listed on
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.
The new Rent Control Act does not apply retrospectively to pending suits, and jurisdiction is determined by the law in effect at the time of filing.
: 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....
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does not have a vested right under Rent Control legislation but it has only a protective right – Such right can be withdrawn at any time.
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.
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 ....
(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 ....
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