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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Babu Lal Sharma S/o Late Shri Ramgopal Sharma – Appellant
Versus
Mohammed Arif S/o Late Shafi Mohammed – Respondent
JUDGMENT :
ANOOP KUMAR DHAND, J.
INDEX
(1) The Challenge
(2) Submissions by the petitioner
(3) Submissions by the respondents
(4) Analysis, Discussions & Findings
(5) Analysis, Discussions & Findings:
The challenge:-
1. By way of filing this writ petition, a challenge has been led to the impugned judgment dated 27.05.2025 passed by the Appellate Rent Tribunal (hereinafter referred to as “the Appellate Tribunal”) by which the appeal submitted by the petitioner’s father (now deceased) against the judgment dated 25.02.2020 passed by the Rent Tribunal, Sikar (hereinafter referred to as “the Tribunal”) has been rejected.
2. By passing the judgment dated 25.02.2020, the Tribunal has allowed the application submitted by the respondents/landlord (hereinafter referred to as “the respondents”) under Sections 6 and 9 of the RAJASTHAN RENT CONTROL ACT , 2001 (hereinafter referred to as “the Act of 2001”) and an eviction order has been passed against the petitioner/tenant (hereinafter referred to as “the petitioner”) to vacate the subject premises and pay the revised rent to the respondents.
Submissions by the petitioner :-
3. Learned counsel for the petitioner submits that there exist no relationship of
Ownership cannot be claimed through mere agreement for sale pending legal resolution; status as tenant continues unless a decree is established.
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
A party seeking specific performance must demonstrate readiness and willingness to perform contractual terms; non-compliance with procedural requirements can lead to dismissal of appeals.
Transferee landlord can evict for personal necessity without attornment; unproven tenant-prior agreement to sell does not end tenancy; revisional court examines only legality, not reappreciates facts....
A landlord's bona fide necessity for eviction must be established, and a prior dismissal does not preclude a new application if circumstances change.
The court affirmed that the petitioner failed to establish a landlord-tenant relationship, leading to the dismissal of the writ petition.
Ownership does not automatically establish a landlord-tenant relationship without evidence of rent agreements or payments, as confirmed by the Chhattisgarh Rent Control Act, 2011.
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