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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ANOOP KUMAR DHAND
Dharmendra Kumar Bhardwaj S/o Late Shri Balkishan Bhardwaj – Appellant
Versus
Ramesh Jain S/o Shri Kailash Chand – Respondent
ORDER :
1. The Rent Tribunals and Appellate Rent Tribunals in the State are the judicial bodies, established under the RAJASTHAN RENT CONTROL ACT , 2001 (for short ‘the Act of 2001’), to resolve the disputes between the tenants and landlords. The Appellate Rent Tribunal is a higher judicial authority that hears the appeal against the decision made by the Rent Tribunal. It has the power to confirm, modify or reverse the judgment passed by the Rent Tribunal.
2. The purpose of establishing the Rent Tribunal is to provide a forum of law where the tenants and the landlords can resolve their disputes in a proper and just manner. If any one of them or both of them are not satisfied by the order/judgment of the Rent Tribunal, the aggrieved party can file an appeal before the Appellate Rent Tribunal. The appellate system is an integral part of the justice delivery system which provides an opportunity to the parties to seek redressal of their grievance against the decision that is perceived to be unjust or erroneous.
3. In the instant case, the petitioner/landlord filed an application under Section 9 of the Act of 2001 against the respondents for his eviction from the shop in question and th
The right to timely resolution of rent disputes is fundamental under Article 21, necessitating the Appellate Tribunal to adhere to statutory timelines for appeals to prevent undue hardship to landlor....
Appeal against order of eviction – It is not expected from Rent Appellate Tribunal to keep Judgment reserved for an indefinite period.
Judicial discipline mandates timely delivery of judgments, with delays infringing on the right to speedy justice under Article 21.
The court emphasized the need for expeditious resolution of rent control appeals, setting a deadline for adjudication to promote timely justice.
Point of law: Equality before law implies an absence of any special privilege. So does equal protection of laws by ensuring equality of treatment among people in similar circumstances.
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....
The court upheld the dismissal of the tenant's appeal due to negligence and failure to provide a sufficient explanation for the delay in filing, emphasizing that the law aids the vigilant.
The Appellate Rent Tribunal can only take evidence in exceptional circumstances and cannot usurp the jurisdiction of the Rent Tribunal.
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