Back
NUPUR BHATI
Rohit Jora – Appellant
Versus
Jamna Jakhar – Respondent
ORDER :
(Nupur Bhati, J.)
The petitioner has preferred this writ petition under Articles 226 and 227 of the Constitution of India challenging the judgments and decrees dated 24.12.2018 (Annex.9) and 22.08.2023 (Annex.11) passed by Rent Tribunal, Sri Ganganagar and Appellate Rent Tribunal, Sri Ganganagar respectively, whereby application preferred by respondent/landlady under Section 9 of the Rajasthan Rent Control Act, 2001 ('Act of 2001') seeking eviction of the petitioner/tenant from the suit shop has been allowed and certificate of possession has been issued in favour of respondent/landlady. The Rent Tribunal, Sri Ganganagar also directed the petitioner to pay mesne profit three times of the monthly rent to the landlady.
2. The apposite for the purpose of disposal of this writ petition are that the respondent/landlady had preferred application under Section 9 of the Act of 2001 on 04.04.2016 seeking eviction of the petitioner/tenant from the suit premises i.e. shop measuring 10'x30' situated at C-Block, Sri Ganganagar, which was initially let out on a monthly rent of Rs.2325/- under an agreement dated 16.11.2006. In the application, it was inter-alia averred by the respondent tha
Default in rent payment justifies eviction; refusal to accept notice constitutes valid service.
Eviction under rent control law is warranted where the tenant defaults on rent for over six months, negating hardship claims absent a bona-fide requirement.
The main legal point established in the judgment is the court's limited jurisdiction to re-appreciate evidence as an Appellate Court and the application of legal principles from relevant case laws in....
The court affirmed that landlords are entitled to seek eviction if tenants breach rental agreements by failing to pay dues for four months, interpreting the notice provision critically.
The main legal point established in the judgment is that the benefit of first default in payment of rent by a deceased tenant extends to the heirs, and mere enhancement of rent without altering other....
Non-payment of rent and lack of substantiation of defense claims do not warrant protection under eviction laws, emphasizing the importance of statutory notice compliance.
When once eviction petition had been filed, there is no question of landlord losing his right to pursue the same notwithstanding the fact whether the tenant had deposited or was willing to deposit th....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
