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NUPUR BHATI
Praveen Malhotra – Appellant
Versus
Mohan Singh – Respondent
ORDER :
(Nupur Bhati, J.)
The present writ petition has been filed under Articles 226 and 227 of the Constitution of India with the following prayers:-
2. The facts of the case are that a godown measuring 20X40 sq. ft., situated at 160, Gol Bazar (Tractor Market), Sriganganagar, owned by one Satinder Singh was let out to Shri. Jagdish Rai, who was the father of the petitioner and the rent was fixed @ Rs. 150/- per month. In the year 2008, the respondent Nos.1 to 3 filed an application under Sections 6 , 7 and 9 of the RAJASTHAN RENT CONTROL ACT , 2001 (hereinafter referred to as 'the Act of 2001') on the ground of bonafide need stating that on 22.03.2005, the rented permises was purchased by them from Satinder Singh and each of them is having 1/3 share in the rented premises. After service upon the petitioner, the petitioner filed reply to the application denying the facts mentioned in the application.
3. After hearing bot
The court upheld the tenant's right to continue possession until a specified date, contingent upon increased rent and compliance with conditions, reinforcing landlord's rights under eviction laws.
(1) Once a decree for possession has been passed and execution is delayed depriving decree holder to reap fruits, it is necessary for Appellate Court to pass appropriate orders fixing reasonable mesn....
Point of Law : Owner of the property is required to be compensated by awarding mesne profit. This has to be realistic and in tune with the present market rent. However, there is no material with this....
Owner of the property is required to be compensated by awarding mesne profit. This has to be realistic and in tune with the present market rent.
Default in rent payment justifies eviction; refusal to accept notice constitutes valid service.
The court reaffirmed that tenants must pay mesne profits equivalent to market rent post-eviction, regardless of ongoing appeals.
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.
Delay in seeking amendment of pleadings post-defendant's death was unjustified, highlighting the need for diligence in civil proceedings.
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