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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Shivraj Singh Rathore S/o Shri Tej Singh Rathod – Appellant
Versus
Rani Geetika Kumari, Wife Of Late Shri Arun Singh – Respondent
| Table of Content |
|---|
| 1. challenge to eviction based on jurisdiction. (Para 1 , 2 , 6) |
| 2. arguments on applicability of different acts. (Para 3 , 4) |
| 3. establishing tribunal's jurisdiction. (Para 7 , 8 , 9 , 10) |
| 4. court's perspective on petitioner's objections. (Para 11 , 12) |
| 5. conclusion and decision of the court. (Para 13 , 14) |
ORDER :
ANOOP KUMAR DHAND, J.
1. By way of filing this writ petition, a challenge has been led to the impugned order dated 07.05.2025 passed by the Rent Tribunal, Jaipur Metropolitan Second (hereinafter referred as ‘the Tribunal’), by which the application submitted by the petitioner under Order 7 Rule 11 CPC for rejection of the rent eviction application submitted by the respondent No.1 under Section 9 of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) has been rejected.
2. Learned counsel for the petitioner submits that a lease deed was executed between the parties for the subject property, wherein, commercial activities of running hotel were conducted. Counsel submits that as per the terms and conditions of the said agreement, the landlord was supposed to maintain the subject property and pay salary to the staff posted in the hotel. Counsel submi
The Rent Tribunal has exclusive jurisdiction to handle eviction applications under the Rajasthan Rent Control Act, even in commercial contexts, as established in the current case.
: 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....
An eviction suit under the M.P. Accommodation Control Act does not constitute a commercial dispute and is maintainable in Civil Court, not Commercial Court.
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.
Section 15(6) of the Rajasthan Rent Control Act permits conciliation but does not require it if one party does not agree, and conditional proposals for eviction are not valid.
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