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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE MAHENDAR KUMAR GOYAL, J
Rakesh Mittal Son of Shri Govind Lal Mittal – Appellant
Versus
Resham Bhatia Wife of Shri Subhash Bhatia – Respondent
JUDGMENT :
(MAHENDAR KUMAR GOYAL, J.)
This writ petition is filed with following prayer:-
2. The relevant facts in brief are that the petitioner suffered a final order dated 07.09.2018 under Section 9 of theRajasthan Rent Control Act, 2001 (for brevity, “the Act of 2001”) passed by the learned Rent Tribunal, Jaipur Metropolitan and a consequential recovery certificate qua the subject shop. Pursuant to an execution application filed by the respondent/landlord/decree holder (for brevity, “decree holder”), possession of the subject shop was handed over to the decree holder under direction of the learned executing Court. Thereafter, the petitioner filed an application under Section 11 of the Act of 2001 read with Section 6 of Specific Relief Act, 1963 and Articles 64 and 65 of the Limitation Act, 1963 claiming restoration of possession of the suit shop. The application has been dismissed by the learned Rent Tribunal vide order dated 11.04.2022. In these circumstances, this writ petition is filed with the aforesaid prayers.
3. Learned counsel for the petitioner submits that the respondent has filed the execution application without complying with the provision of Order 21 Rule 11 inasmuch a
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 court established that disputes between landlords and tenants must be resolved by the Rent Tribunal, not civil courts, as per Section 18 of the Rajasthan Rent Control Act, 2001.
: 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....
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 court upheld the concurrent findings of fact regarding the tenant's subletting of premises, affirming the dismissal of the writ petition under limited supervisory jurisdiction.
(1) Decree passed by civil court is valid and executable which is not interdicted by applicability of the Act to area in question.(2) Rights of parties have to be determined on the date of filing of ....
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