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GANESH RAM MEENA
Gopal Agarwal – Appellant
Versus
Chandak Holdings Private Limited – Respondent
| 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:
^^¼1½ fd izR;FkhZ dks vkns'k fn;k tkrk gS fd og fdjk;s'kqnk ifjlj ftldk fooj.k vthZ dh en la[;k 3 esa fn;k x;k gS] dk 'kkafriwoZd o [kkyh dCtk lgh gkyr esa vkt fnukad ls N% ekg ds vanj&vanj vthZnkj dks lqiqnZ djsaA
¼2½ fd vthZnkj izR;FkhZ ls cdk;k fdjk;k isVs 8]34]000@& :i;s izkIr djus dk vf/kdkjh gSA
¼3½ fd ;kfpdk is'k gksus ls dCtk izkfIr rd dh vof/k ds fy;s ifjlj ds mi;ksx miHkksx ds var%dkyhu ykHk ds :i esa vthZnkj] izR;fFkZ;k ls dqy 40]000@& :i;s izfrekg dh nj ls jkf'k izkfIr dk vf/kdkjh gksxk o vf/kfu;
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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