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MAHENDAR KUMAR GOYAL
Satyendra Singh – Appellant
Versus
Moorti Mandir Shri Bihari Ji Maharaj – Respondent
JUDGMENT
1. This writ petition is filed by the petitioners/tenant/non-applicant (for brevity, 'the petitioners') against the judgment dated 22.11.2021 passed by the learned Appellate Rent Tribunal (District Judge), Alwar (for brevity, 'the learned Appellate Rent Tribunal') in Civil Appeal (Rent) No.15/2017 whereby, while dismissing the appeal, the judgment dated 09.12.2016 passed by the learned Rent Tribunal, Alwar (for brevity, 'the learned Rent Tribunal') allowing the Original Application No.11/2008 filed by the respondents/landlords/applicants (for brevity, 'the applicants') under Section 9 of the Rajasthan Rent Control Act, 2001 (for brevity, 'the Act of 2001'), has been affirmed.
2. The relevant facts in brief are that the applicants filed an application under Section 9 of the Act of 2001 against the petitioners and proforma-respondent No.3 seeking their eviction from the subject premises comprising of a Garage let out on 05.11.1960 to them on the grounds of non-user and default in payment of rent.
3. The petitioners in their reply admitting that the subject Garage was taken on rent from Moorti Mandir Shri Bihari Ji Maharaj, denied that it was either a public trust or, S/Shri Ram
: 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 ....
Tenants can be evicted for using premises inconsistently with tenancy purpose, supported by sufficient evidence from the landlord.
A review petition must demonstrate that new, significant evidence was unavailable at the time of the original judgment to warrant reconsideration.
The execution procedure under the Rajasthan Rent Control Act is distinct from the CPC, and repeated applications for similar relief constitute an abuse of process.
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 definition of 'landlord' under the Rajasthan Rent Control Act, 2001 includes any person receiving or entitled to receive rent, regardless of ownership transfer.
Appellate Rent Tribunal has allowed documents to be taken on record, while remanding matter back to learned Rent Tribunal.
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