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INDERJEET SINGH
Shivlal – Appellant
Versus
Ramesh – Respondent
ORDER :
(Inderjeet Singh, J.)
Instant writ petition has been filed by the petitioners challenging the order dated 19.04.2023 passed by the learned Appellate Court, whereby, the application filed on behalf of the petitioners-non-applicants under Section 21(3) of the RAJASTHAN RENT CONTROL ACT , 2001 was dismissed.
2. Brief facts of the case are that the respondent-applicant filed eviction application against the petitioners-non-applicants before the learned Rent Tribunal. The learned Rent Tribunal vide its order dated 17.02.2020 allowed the eviction application. Being aggrieved by the order dated 17.02.2020 passed by the learned Rent Tribunal, the petitioners-non-applicants filed a regular appeal before the Appellate Court. During the pendency of the said appeal, the petitioners-applicants filed an application under Section 21 (3) of the RAJASTHAN RENT CONTROL ACT , 2001, which was dismissed by the learned Appellate Court vide its order dated 19.04.2023. Hence, the present writ petition has been filed by the petitioners-non-applicants challenging the order dated 19.04.2023 passed by the learned Appellate Court.
3. Counsel for the petitioners-non-applicants submits that the learned Ap
Appellate Rent Tribunal has allowed documents to be taken on record, while remanding matter back to learned Rent Tribunal.
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.
The execution procedure under the Rajasthan Rent Control Act is distinct from the CPC, and repeated applications for similar relief constitute an abuse of process.
The landlord and tenant relationship is established when rent is received, and the question of ownership is not required to be determined in eviction cases under the Act of 2001.
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