2026 Supreme(Raj) 476

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Bipin Gupta, J.
Mohan Lal Verma S/o Badripraad - Petitioner
Versus
Rajendra Prasad Shah S/o Shri Heera Lal Ji Shah - Respondent
S.B. Civil Writ Petition No. 22069 of 2018, S.B. Civil Writ Petition No. 25759 of 2018
Decided On : 19-03-2026

In summary rent control proceedings, an appellate tribunal should utilize its statutory powers to decide appeals on merits based on evidence and recent developments via affidavits, rather than remanding the case, thereby fulfilling the legislative intent of ensuring expeditious justice and preventing procedural delays.

Headnote:(A) Rent Control - Summary Proceedings - Powers of Appellate Rent Tribunal - Nature of remand - Principles governing remand in summary proceedings - Power of remand should be exercised only when the appellate forum cannot effectively exercise its jurisdiction or when a matter is decided on a preliminary issue without addressing merits - In summary proceedings where evidence is already on record or obtainable via affidavits, the appellate forum is empowered and obligated to decide the appeal on merits rather than resorting to a remand order, which defeats the legislative intent of expeditious adjudication. (Paras 10, 16, 24.1, 26)

(B) Procedure - Summary nature of proceedings - Applicability of procedural law - The legislative intent behind summary rent control laws is to avoid the technicalities and procedural delays inherent in regular civil suits - Subsequent events or additional evidence can be effectively managed through affidavits rather than mandatory formal amendments to pleadings or fresh framing of issues, thereby preventing unnecessary protraction of litigation. (Paras 7.3, 13, 19.1, 25)

Facts of the case:
A landlord sought eviction of a tenant on the grounds of default in payment, personal bona fide necessity for use by family members, and the acquisition of suitable alternative accommodation by the tenant. The initial tribunal decreed the eviction. On appeal, the appellate tribunal reversed certain findings and remanded the matter back for fresh adjudication, citing the need for amendments and further evidence regarding subsequent events. The landlord filed writ petitions challenging the legality of this remand order.

Findings of Court:
The court held that the appellate tribunal erred in remanding the matter. Since both the trial and appellate forums possess similar statutory powers to summon documents and record evidence via affidavits, the appellate tribunal should have exercised its own powers to resolve the dispute on merits. The remand order unnecessarily converted a summary proceeding into a protracted regular suit, contrary to the purpose of the governing special legislation.

Issues: The main issues addressed were whether an appellate rent tribunal is justified in remanding a matter when adequate evidence is available, and whether summary proceedings for eviction require formal procedural amendments of pleadings for subsequent events as opposed to consideration via affidavits.

Ratio Decidendi: The court maintained that an appellate body in summary proceedings must prioritize the final resolution of disputes. By exercising its inherent power to evaluate affidavits and additional evidence directly, the tribunal maintains the summary nature of the proceedings, preventing endless trials and ensuring the legislative goal of speedy eviction processes is achieved.

Result: Petitions allowed; impugned remand order set aside; the matter is restored to the appellate tribunal for decision on merits.