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MAHENDAR KUMAR GOYAL
Gulabi – Appellant
Versus
Ashok Kumar – Respondent
ORDER :
Mr. Mahendar Kumar Goyal, J. - This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the judgment dated 26.09.2015 passed by learned Appellate Rent Tribunal, Ajmer (for brevity, "the learned Appellate Tribunal") whereby, while dismissing the Rent Appeal No.16/2014 preferred by the petitioners/non-applicants/tenants (for brevity, "tenants"), the final order dated 30.05.2014 passed by learned Additional Chief Judicial Magistrate, Rent Tribunal, Ajmer (for brevity, "the learned Rent Tribunal") allowing the original application No.822/2012 (168/2011) filed by the respondent/applicant/landlord (for brevity, "the landlord") under Sections 6 and 9 of the Rajasthan Rent Control Act, 2001, (for brevity," the Act of 2001"), has been upheld.
2. The relevant facts in brief are that the landlord filed an application against the tenants seeking revision of rent and their eviction stating therein that the subject premises, comprising of a shop situated on ground floor of the property No.533/25 Ashagunj, Ajmer, was let out to Shri Naurat-husband of the tenant No.2 and father of the tenant No.1 on 10.12.2008 on rent @ Rs. 650/-
The court upheld the concurrent findings of fact regarding the tenant's subletting of premises, affirming the dismissal of the writ petition under limited supervisory jurisdiction.
The Appellate Rent Tribunal can only take evidence in exceptional circumstances and cannot usurp the jurisdiction of the Rent Tribunal.
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.
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.
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 established that failure to provide evidence of property exemption and procedural compliance can lead to dismissal of eviction challenges under the Rent Control Act.
: 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....
The mandatory nature of Section 14(2) of the DRC act and the landlord's remedy to file a civil suit for possession when the tenant denies the landlord-tenant relationship.
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