RAJASTHAN PREMISES (CONTROL OF RENT AND EVICTION) ACT, 1950

Act No. 17 of 1950

28th November, 1950

An Act to control eviction from, letting of, and rents for, certain premises in Rajasthan Whereas it is expedient to provide for the control of evictions from, letting of, and rents for, certain premises in Rajasthan and for other ancillary matters, It is hereby enacted as follows.-

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S.1 Short title

This Act may be called the Rajasthan Premises (Control of Rent and Eviction) Act, 1950.

S.2 Commencement, extent and application

Sections 1 to 4 and 27 to 31 of this Act shall come into force at once, and the remaining provisions thereof shall extend to such areas * in Rajasthan, and shall come into force therein with effect from such date, as may, from time to time, be notified by the Government in the Rajasthan Gazette

Provided that nothing in the Act shall apply, within such areas.-

• (a) to any premises belonging to the Government or a local authority other than premises let out for commercial uses; or
• (b) to any tenancy or other like relationship created by a grant from the Government in respect of premises taken on lease or requisitioned by the Government, or
• (c) to any premises situated within the railway lands therein and belonging to the Central Government.

* 1. Extended to Banswara (Banswara), Bhilwara (Bhilwara), Bhindar (Udaipur), Chittorgarh (Chittor), Dungarpur (Dungarpur), Nathdwara (Udaipur), Nimbaheda (Chittor), Pratapgarh

S.3 Definitions

In this Act, unless there is anything repugnant in the subject or context:--

• [(i) "Magistrate" means the Sub-divisional Magistrate having jurisdiction and sitting in the place where the premises in question are situated or, if no Sub-divisional Magistrate sits and exercises jurisdiction in that place, the District Magistrate or such other Magistrate as the Government may empower in this behalf;]
• (ii) "Government" means the Government of Rajasthan;
• (iii) "land lord" means any person who for the time being is receiving or is entitled to receive the rent of any premises, whether on his own account or as an agent trustee, guardian or receiver for any other person, or who would so receive or be entitled to receive the rent if the premises were let to a tenant; it includes a tenant in relation to a sub-tenant;
• (iv) "lease" includes a sub-lease;
• (v) "premises" means any building or part of a building which is, or is intended to b
  

S.4 Interpretation

The provisions of the General Clauses Act, 1897, of the Central Legislature shall mutatis mutandis apply, so far as may be, to this Act in the same manner as they apply to a Central Act.

S.5 Rent to be as agreed

The rent payable for any premises situated within the areas to which this Act extends for the time being shall, subject to the other provisions thereof, be ordinarily such, as may be agreed upon between the land-lord and the tenant.

S.6 Fixation of standard rent

(1) Where no rent has been agreed upon or where for any reason the rent agreed upon is claimed to be excessive, the land-lord or the tenant may institute a suit in the lowest court of competent jurisdiction for fixation of standard rent for any premises

(2) The Court shall, after holding such summary inquiry as it may consider just and necessary, determine the standard rent for such premises and shall, in doing so, act according to the following principles, namely--

• (a) where the premises are let for residential purposes or for any of the purposes of a public hospital, Aushadhalaya or Dawakhana, a recognised educational institution, a public library or reading-room or any orphanage, the standard rent shall not exceed the basic rent increased by fifty percent thereof, and
• (b) where the premises are let for any other purpose, the standard rent shall not exceed two and a half times the basic rent thereof

Provided that where the premises have

S.7 Fixation of provisional rent

1[(1) Upon the institution of a suit under section 6, the Court shall forthwith make an order fixing in a summary manner a provisional rent for the premises in question, which shall be binding on all parties concerned and shall remain in force till a decree fixing the standard rent therefor is finally made in such suit.

(2) The provisional rent fixed under this section shall also apply to such arrears of rent as, in the case of a tenant who has instituted within six months from the commencement of the tenancy a suit under section 6 on the ground of the rent agreed upon being excessive relate to the period intervening between such commencement and institution.

(3) A suit for the recovery of arrears of rent to which the provisional rent fixed under this section is applicable shall be stayed by the Court upon payment by the tenant in Court of the total amount due to the land-lord on the basis of such provisional rent.

(4) Any failure to pay the provisio

S.8 Non-liability to pay in casess of standard rent

(1) Except where rent is liable to periodical increment by virtue of an agreement entered into before the first day of January 1943 and not superseded by or merged in a decree or order of the Court in any suit under this Act no tenant shall notwithstanding anything contained in any contract, be liable to pay to his landlord for occupation of any premises any sum in excess of the standard rent therefor decreed by the Court unless such sum may lawfully be added to the standard rent in accordance with the provisions of this Act under a decree or otherwise.

(2) Any agreement for the payment of rent as such in excess of the standard rent shall be null and void and shall be construed as if it were an agreement for payment of the standard rent only.

(3) Nothing in this section shall preclude the land-lord from recovering from his tenant over and above the standard rent an additional charge if any, determined under section 6 the amount of any charge for electricity or water c

S.9 Charge of additional amount prohibited

(1) No land-lord shall claim or receive from his tenant, in consideration of the grant continuance or renewal of a tenancy or sub-tenancy of any premises any fine premium, advance or other payment unless the same is permissible by or under any of the provisions of this Act in addition to the rent or where standard rent has been determined under section 6 in addition to the standard rent as so determined.

(2) No tenant shall claim or receive from his land-lord any payment in consideration of the relinquishment of a tenancy or sub-tenancy of any premises.

S.10 Circumstances under which standard rent is liable to increase

(1) Where the land-lord has at any tune incurred expenditure on any improvement or structural alteration of the premises, not being expenditure on decoration maintenance or normal repairs and such expenditure has not been taken into account in determining the standard rent of the premises, he may increase the rent by an amount which shall secure him a return of income not exceeding seven and a half per cent per annum on such expenditure.

(2) Where a part of the premises let has been sub-let by the tenant, then. without prejudice to the provision, of section 13.-

• (a) the land-lord may increase the rent payable by the tenant,--
  • (i) in the case of premises let for purpose mentioned in clause (a) of sub-section (2) of section. 6 by an amount not exceeding twelve and a half per cent of the rent or standard rent for the part sub-let and
  • (ii) in other cases by an amount not exceeding twenty five per cent of the rent on standard rent for su
    

S.11 Procedure for increase in rent

(1) Where the land-lord wishes to increase the rent of any premises he shall give the tenant notice of his intention to make the increase, and, in so far as such increase is permissible under this Act, it shall be due and recoverable only in respect of the period 1[***] after the end of the month in which the notice is given.

(2) Every notice under sub-section (1) shall be in writing signed by or on behalf of the land-lord.

(3) If the tenant does not agree to the increase specified in the notice given under sub-section (1) or fails to respond to it within a month from the receipt thereof, the land-lord may bring a suit for increase in rent or standard rent in the lowest Court of competent jurisdiction.

(4) The Court shall, after such summary inquiry as it may think necessary, make orders according to law, and a decree shall follow.

1 . Dateted by Section 5 of the Rajasthan Act No. IX of 1952 , published in the Rajasthan Gazette No. 19

S.12 Disallowance of amenities

(1) No land-lord shall without the previous permission of the 1[Magistrate], in any way disturb his tenant in the peaceful enjoyment of the benefits arising from electric and water connections and other amenities attached to the premises let to him provided the charges in respect thereof are duly paid by the tenant unless such charges are included in the amount of the standard rent decreed under section 6.

(2) Where on an application from a tenant it appears to the 1[Mangistrate] that the land-lord has, without sufficient cause, contravened the provisions of sub-section (1) the 1[Magistrate] shall, on such conditions as he may think fit to impose on either party order the land-lord to restore the amenities so disturbed and may, in any case, award to the tenant, by way of coasts or, damages or both, such sum of money, not exceeding one hundred rupees as he may consider reasonable in the encumstances of the case.

1 . Substituted

S.13 Eviction, of tenants

(1) Notwithstanding anything contained in any law or contract, no Court shall pass any decrees, or make any order, in. favour of a land-lord, whether in execution of a decree or otherwise, evicting the tenant, 1[***] so long as he is ready and willing to pay rent therefor to the full extent allowable by this Act, unless it is satisfied--

• (a) that the tenant has neither paid nor tendered 2[the amount of rent duo from him for any two months],

Provided that no eviction shall be ordered under this clause if the tenant pays in Court on the first day of hearing such arrears of rent together with the costs of the suit 2[***]

2[Provided further that the tenant shall not be entitled to the benefit of protection against eviction under this clause if he has made a like default in payment of rent on three occasions within a period of eighteen months, or]

• (b) that the tenant has wilfully caused or permitt
  

S.14 Restrictions on eviction

(1) 1[***]

(2) No decree for eviction on the ground set forth in clause (b) of sub-section (1) of section 13 shall be passed unless the Court is satisfied, after taking all the facts and circumstances into consideration that it is reasonable to allow such eviction.

1 . Omitted by Section 8 of the Rajasthan Act No IX of 1952, published in the Rajasthan Gazette Fart IV-A No. 192 dated 29-3-52.

S.15 Eviction from premises required for personal use

(1) 1[***]

(2) Where 2[a decree for eviction of any premises has been passed by the Court on any of the grounds specified in clause (h) of Sub-section (1) of Section (13)] and the land-lord fails 3[to utilise the premises to the use or purpose for which such eviction shall have been decreed] within two months of obtaining possession thereof, or at any time within one year of obtaining possession of the premises lets the whole or any part thereof to any person other than the evicted tenant, 3[the Court which passed the decree] may on the application of the evicted tenant place him in possession of the premises.

1 . Omitted by Section 9(a) ibid.

2 . Substituted by Section 9(b) ibid.

3 . Substituted by Section 9(b) ibid. (As per the text provided, 3 is listed twice in Section 15 content but only 1 and 2 in footnotes. I am mapping based on source context).

S.16 Omitted

1[*****]

1 . Omitted by Section 10 ibid.

S.17 Power of Magistrate to require premises to be let

17. Power of 1[Magistrate] to require premises to be let

(1) Whenever any premises become vacant either by the land-lord ceasing to occupy the same or by the termination of a tenancy or by the eviction of a tenant or by the release of the premises from requisition or otherwise; the 1[Magistrate] may, on the application of any person standing in need of such premises for his occupation and use or otherwise, if satisfied of actual necessity, serve on the land-lord a notice--

• (i) informing him that the premises are required by the person named in the notice for the purpose therein stated, and
• (ii) requring him, and every other person claiming under him, to appear before the 1[Magistrate] on or before a date specified in the notice and show cause against the letting of the premises to the said person

(2) No land-lord to whom a notice under sub-section (1) is issued shall, after the receipt thereof, lease out or