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ARUN BHANSALI
Lrs of Damodar Bang – Appellant
Versus
Govind Singh – Respondent
ORDER
1. This writ petition has been filed by the petitioners aggrieved against the order dated 28.6.2022 (Annex.5) passed by the Rent Tribunal, Jodhpur Metro, whereby, the application filed by the petitioners under Section 15(6) of the Rajasthan Rent Control Act, 2001 ('the Act'), has been rejected.
2. The proceedings for eviction were initiated by the respondents - landlord against the petitioners seeking eviction from the shop in question. The petition was filed under provisions of Section 9(i) and 9(j) of the Act indicating bonafide necessity of the landlord to expand the existing hotel into a 4 star hotel.
3. During pendency of the petition, the petitioners filed an application under Section 15(6) of the Act inter alia suggesting that as the petitioners have claimed in the petition that they would seek eviction of all other tenants from the Pipad House, of which, the premises involved in the petition was a small part, the petitioners were prepared to give an undertaking and get a decree passed that as and when the landlord gets all other tenants evicted from the Pipad House and starts demolishing the property in question, they would vacate the premises and, therefore, the landlor
Section 15(6) of the Rajasthan Rent Control Act permits conciliation but does not require it if one party does not agree, and conditional proposals for eviction are not valid.
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.
The landlord can file an application for injunction during the pendency of the suit to prevent damage to the property by the tenant, as per the provisions of the Hyderabad Houses (Rent, Eviction and ....
Tenant can be evicted only if a valid ground for eviction was there at time of passing order for eviction by Rent Control Court.
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 landlord's discretion in choosing eviction grounds and the relevance of the premises' use after vacation were central to the court's decision.
The court emphasized the importance of upholding findings of fact arrived at by the lower tribunals and the landlord's right to choose the best place for doing business.
Tenants can be evicted for using premises inconsistently with tenancy purpose, supported by sufficient evidence from the landlord.
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