IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Ganesh Ram Meena, J.
Gopal Agarwal - Petitioner
Versus
M/s. Chandak Holdings Private Limited - Respondent
S.B. Civil Writ Petition No. 2575 of 2021
Decided On : 09-02-2023
| Table of Content |
|---|
| 1. petition challenges eviction order. (Para 1) |
| 2. petitioner argues lack of jurisdiction. (Para 2) |
| 3. tribunal's findings on jurisdiction. (Para 3 , 4) |
| 4. writ petition dismissed. (Para 5 , 6) |
ORDER :
Ganesh Ram Meena, J.
This writ petition has been preferred assailing the judgment dated 27/1/2021 passed by the Appellate Rent Tribunal, Jaipur Metropolitan-I dismissing the appeal of the petitioner-tenant and affirming the order dated 9/5/2019 passed by the Rent Tribunal, Jaipur Metropolitan who disposed of the application filed by the respondent-landlord under section 9 of the RAJASTHAN RENT CONTROL ACT , 2001 (for short, 'the Act of 2001') in the following manner:
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2. Counsel for the petitioner submits that the learned court below have committed illegality in entertaining and trying the eviction petition filed by the landord under the Act of 2001 in clear contravention of the provisions of Chapter-II and III of the Act of 2001. Counsel submits that the applicant should have filed a civil suit as the application under the Rent Control Act is not maintainable. He has further submitted that the documents exhibited are to be proved under the Evidence Act but the applicant has not proved any document. Section 3 of the Act of 2001 provides that Chapter II and III not to apply certain premises and tenancies including the premises belonging to or let out by the Central Government or the State Government.
3. Heard learned counsel for the petitioner and perused the material available on record.
4. The Appellate Tribunal, after considering various judgments, has observed that the respondent-company is not covered under sub section 5 of Section 3 of the Act of 2001. Petitioner has failed to show that premises in question of this litigation belongs to or let out by any body/corporate constituted by a Central Act or a Rajasthan Act. Submission of learned counsel for the petitioner is that the learned Appellate Tribunal has erred in allowing Exs. 1 to 11 which have not been proved in evidence by the applicants. In this regard, I find that the petitioner has not made any submission before the Appellate Tribunal.
5. In view of the above, I am not inclined to interfere in the orders passed by the Rent Tribunal as also in the order passed the Rent Appellate Tribunal in exercise of the powers vested under Article 227 of the Constitution of India.
6. Accordingly, the writ petition is dismissed.s
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....
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 ....
Tenants can be evicted for using premises inconsistently with tenancy purpose, supported by sufficient evidence from the landlord.
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.
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 central legal point established in the judgment is the requirement of the Presiding Officer of the Appellate Rent Tribunal to have not less than three years of experience as mandated by Section 1....
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