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NUPUR BHATI
Chandra Singh – Appellant
Versus
Sunil Singh Baghela – Respondent
ORDER :
(Nupur Bhati, J.)
The writ petition has been filed under Article 227 of the Constitution of India with the following prayers:-
1. the impugned order dated 04.01.2024 passed by the learned Additional Senior Civil Judge, (Rent Tribunal), Jodhpur Metropolitan in Case No.70/2023 (NCV No.82/2023) may be quashed and set aside and
2. The Case No.70/2023 (NCV No.82/2023) pending before the Learned Additional Senior Civil Judge, (Rent Tribunal), Jodhpur Metropolitan may kindly be dismissed with costs; and
3. Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner."
2. Brief facts of the case are that the respondent-landlord sent a legal notice dated 20.04.2023 (Annexure-1) to the petitioner tenant for eviction of the premises in dispute wherein he demanded Rs. 2,38,2023/- for rent amount due to the respondent-landlord. The respondent also provided the details of his bank account and provided a time period of 30 days for payment of the due rent
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.
Tenants can be evicted for using premises inconsistently with tenancy purpose, supported by sufficient evidence from the landlord.
: 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....
Point of Law : Tenant fails to furnish undertaking to above effect, respondent-landlady would be entitled to get judgment/decree of eviction executed forthwith in accordance with law.
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.
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 amendment sought under Order 6 Rule 17 CPC should be allowed only if the facts were not within the petitioner's knowledge prior to filing the reply.
The court ruled that while procedural provisions may be directory, a party must substantiate claims of hardship to justify delays in legal proceedings.
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