SUDESH BANSAL
Sunder Rajpurohit S/o Bhopal Singh – Appellant
Versus
Raghuveer Singh S/o Laddu Singh – Respondent
Judgment
1. In both revision petitions, challenge has been made to the Order dated 21.01.2020 passed in Civil Suit No.34/485/2014 by the Court of Additional Civil Judge and Metropolitan Magistrate No.2, Jaipur Metropolitan, Jaipur, hence with consent of learned counsel for both parties, both revision petitions have been heard together and would stand decide by this common judgment.
2. Heard learned counsel for both parties, perused the impugned order and record made available before this Court.
3. This is a case where plaintiff Raghuveer Singh alleges himself to be a tenant in one room, kitchen and lath-bath situated in house No.36-A, Krishna Vihar Extension, Gopalpura Bypass, Jaipur, w.e.f. 01.01.2008 @ Rs.1700/- per month and which increased to Rs.2000/- per month. Plaintiff alleged his dispossession from rented premises illegally by defendant-landlord on 03.06.2014 and has instituted a civil suit for restoration of possession before the Civil Court on 20.11.2014, taking resort to Section 6 of the Specific Relief Act, 1963 (hereinafter referred as "the Act of 1963").
4. Defendant-landlord does not dispute the relationship of landlord and tenant between parties and has moved applicati
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.
: 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 affirmed that jurisdiction issues can only be decided by established forums, and changes involving procedural law are retrospective, impacting pending actions unless specified otherwise.
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.
Civil courts lack jurisdiction over agricultural land disputes when a revenue suit is pending, and merits cannot be evaluated at the application stage under Order VII Rule 11 CPC.
The Rent Court has comprehensive jurisdiction over claims relating to both recovery of possession and injunctions in landlord-tenant disputes under the Maharashtra Rent Control Act.
(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 ....
The civil court retains jurisdiction over injunction suits concerning leased non-agricultural lands, and under applicable statutes, a plaint cannot be rejected partially but must be considered as a w....
Res Judicata – Rule of res judicata does not strike at root of jurisdiction of Court trying subsequent suit – It is a rule of estoppel by judgment based on public policy.
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