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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DINESH MEHTA
Rajendra Sharma S/o Prabhatilal Sharma – Appellant
Versus
Akhtar Begum D/o Late Sameer Khan – Respondent
Order :
DINESH MEHTA, J.
1. By way of present writ petition, the petitioners have assailed the order dated 19.10.2024 passed by learned Rent Appellate Tribunal, Chittorgarh (hereinafter referred to as the ‘Appellate Tribunal’) in Rent Appeal No.24/2017 (CIS No.33/2017), whereby, the appeal filed by the respondent No.1 – Smt. Akhtar Begum has been allowed and a certificate of recovery of possession issued, while setting aside the order dated 29.05.2017 passed by the learned Rent Tribunal, Chittorgarh (hereinafter referred to as the ‘Rent Tribunal’) in Rent Case No.09/2011.
2. Mr. S.L. Jain, learned counsel for the petitioners argued that the Appellate Tribunal has erred in allowing the appeal and holding that the present petitioners have violated the provisions of Section 9(a) of the RAJASTHAN RENT CONTROL ACT , 2001 (hereinafter referred to as the ‘Act of 2001’).
3. Having apprised the Court about the basic facts that the subject shop was let out by Samir Khan to Prabhatilal Sharma (petitioners’ father), learned counsel submitted that after the death of Samir Khan, his son (Sharafat Khan) used to collect the rent and an agreement came to be executed between said Sharafat Khan and Kamla
The court affirmed that landlords are entitled to seek eviction if tenants breach rental agreements by failing to pay dues for four months, interpreting the notice provision critically.
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.
Default in rent payment justifies eviction; refusal to accept notice constitutes valid service.
The main legal point established in the judgment is the court's limited jurisdiction to re-appreciate evidence as an Appellate Court and the application of legal principles from relevant case laws in....
Non-payment of rent and lack of substantiation of defense claims do not warrant protection under eviction laws, emphasizing the importance of statutory notice compliance.
The main legal point established in the judgment is that the filing of a petition itself can be considered as notice to the landlord, giving rise to a fresh cause of action, and the non-service of pr....
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