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2023 Supreme(Raj) 2171

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

Advocates:
Advocate Appeared:
For Petitioners: Mr. Jitendra Singh.

Headnote:(A) Rajasthan Rent Control Act, 2001 - Sections 3 and 9 - Eviction petition filed by landlord under the Act - Petitioner's challenge based on lack of applicability of Act to premises owned by government bodies - Appellate Tribunal affirmed validity of eviction petition and rejected petitioner's claims regarding document proof - Tribunal observed that petitioner failed to demonstrate that premises fell under the excluded categories - Court upheld Tribunal's order, stating no interference warranted under Article 227 of the Constitution. (Paras 1-5)

(B) Jurisdiction - The scope of judicial review under Article 227 is limited to ensuring the lower court's decisions are free from jurisdictional error, illegality, or manifest injustice. (Paras 5).

Facts of the case:
The petitioner challenged an eviction order asserting that the Rent Control Act was misapplied and that necessary legal documents had not been proven.

Findings of Court:
The Appellate Tribunal's findings were upheld, confirming the jurisdictional authority to entertain the eviction application.

Issues: Whether the petitioner established that the premises were exempt from the jurisdiction of the Rent Control Act and whether the evidence submitted was admissible.

Ratio Decidendi: The court affirmed that the jurisdiction of the Rent Tribunal was properly invoked, and that the requirements of document proof must follow procedural norms as per the Evidence Act.

Result: Writ petition dismissed.

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

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