S.3 Chapter II and III not to apply to certain premises and tenancies.

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.4 Rent to be as agreed

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.6 Revision of rent in respect of existing tenancies

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.7 Revision of rent in respect of new tenancies

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.8 Limited period tenancy

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.9 Eviction of tenants

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.10 Right of landlord to recover immediate possession in certain cases.

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.12 Procedure for recovery of possession

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.13 Constitution of Rent Tribunal

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.14 Procedure for revision of rent.

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.15 Procedure for eviction of tenant.

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.16 Procedure for recovery of immediate possession

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.17 Fixing of date for appearance of parties before Appellate Rent Tribunal and supplyof copies of final order

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.19 Appellate Rent Tribunal, Appeals and limitation thereof

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.20 .Execution of the orders

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.21-A Procedure and power of the Rent Authority

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.22 Model Forms

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.22-A Appointment of Rent Authority

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.22-B Tenancy agreements

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.22-C Period of tenancy

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.22-D Revision of Rent in certain circumstances

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.22-E Rent Authority to fix revised rent in the circumstances specified in Sec. 22-D

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.22-F Security deposit

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.22-G Depositing of rent with the Rent Authority in certain circumstances

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.23 . Landlord not to discontinue or withhold amenities enjoyed by the tenant

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.24 Duties of tenant and landlord

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.24-A Disposal of pending proceedings under Sections. 23 or 24

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.25 .Inspection of premises

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.26 Members and staff of the Tribunals to be public servants and their control.

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.26-A Rent Authority to be public servant and protection of actions

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.27 Limitation

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.28 Court fees

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.29 Act to have overriding effect

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.30 Power to remove difficulties

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.31 Power to make rules

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.32 Repeal and savings

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.21 Procedure and powers of the Rent Tribunal and the Appellate Rent Tribunal

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

Legal Comments

• "Section Scope" - Section 21 provides a self-contained framework governing the procedure and powers of Rent Tribunals and Appellate Rent Tribunals, with CPC not strictly applicable; the Tribunals regulate their own procedure to expedite eviction matters. - [Shanti Devi VS Balwant Singh]

• "Section 21(3) Core Power" - The Rent Tribunal has broad authority under Section 21(3) to require discovery and production of documents and to summon witnesses, independent of the CPC, to determine eviction petitions. - [Shanti Devi VS Balwant Singh]

• "Admissibility of documents" - Documents filed before the Rent Tribunal are not automatically admissible merely because they are marked as Exhibit; admissibility is typically considered at a final stage of adjudication. - [Mohanlal VS Learned Newly Established Rent Tribunal, Jaipur]

• "Power to require discovery" - The Rent Tribunal may compel discovery and production of documents relevant to the lis, even though CPC procedures are not binding on the Tribunal. - [Shanti Devi VS Balwant Singh]

• "Cross-examination as a matter of discretion" - The opportunity to cross-examine witnesses under Section 21 is not a guaranteed right; it is at the Tribunal’s discretion and requires specifically stated, non-ambiguous reasons. - [Uma Lamba VS Rent Tribunal, Jodhpur]

• "Reasoned grounds for cross-examination" - Applications seeking cross-examination must articulate clear grounds; vague or silent requests are liable to be rejected. - [Uma Lamba VS Rent Tribunal, Jodhpur]

• "Amendment of pleadings — general discretion" - The Tribunal has discretion to permit or refuse amendments under Order 6 Rule 17 CPC, especially when trials are near completion and due diligence was lacking. - [CHAKRESHWARI CONSTRUCTION PRIVATE LIMITED VS MANOHAR LAL]

• "Revajeetu framework for amendments" - When allowing amendments (e.g., to eviction petitions), courts consider factors like necessity for proper adjudication, prejudice to the other side, and whether the amendment changes the core case. - [CHAKRESHWARI CONSTRUCTION PRIVATE LIMITED VS MANOHAR LAL]

• "Amendment to reflect subsequent events" - Subsequent events bearing on the issue (e.g., death of a landlord) can be allowed by amendment if they do not alter the fundamental nature of the eviction petition. - [Janardan VS Govind Prasad Agarwal]

• "Amendment to include legal representatives" - Legal representatives of a deceased landlord may seek amendments to eviction applications to reflect bona fide/ reasonable necessity, to avoid multiplicity of proceedings. - [Tasleem Ahmad, S/o Siraj Ahmad vs Sabeela Khatoon, Wife Of Shri Gulam Rasool]

• "Appointment of local commissioner" - The court should not routinely appoint a local commissioner for site inspection to gather evidence where the parties themselves can present evidence; such appointment is not routinely justified. - [PRAVEEN PARIHAR VS SATISH KUMAR PHAWA]

• "Bona fide necessity as of filing date" - The bona fide necessity test for eviction is to be assessed as of the date of filing the eviction petition; post-filing changes do not automatically alter that assessment. - [Rohit Aggarwal S/o Nandkishore Akwam Aggarwal vs Lalit Kumar Sidana S/o Kaluram Sidana]

• "Burden of proof on financial/documentary evidence" - The petitioner cannot shift the burden to the landlord for financial documents; evidence gathering from the landlord’s possession is not permissible to establish bona fide necessity. - [Rohit Aggarwal S/o Nandkishore Akwam Aggarwal vs Lalit Kumar Sidana S/o Kaluram Sidana]

• "Joint tenancy notices" - In joint-tenancy scenarios, service of notice to one joint tenant can be sufficient after the death of the original tenant; it is not necessary to serve all co-tenants. - [Sajjan Kumar Agarwal VS Rent Control Appellate Tribunal]

• "Expeditious disposal and Article 21" - The Rent Tribunals/ Appellate Tribunals must strive for expeditious disposal; undue delays in judgment or proceedings undermine the right to speedy justice under Article 21. - [Ramswaroop @ Pappu S/o Bobad Ram Saini vs Moolchand Saini S/o Kalluu Ram Saini]

• "Supervisory jurisdiction under Article 227" - The High Court’s Article 227 supervisory power cannot be used to correct mere errors of law or fact or to substitute its view; jurisdictional error or patent illegality must be shown for intervention. - [Ratan Lal VS Pravin Kumar]

• "Abuse of process and costs" - Courts may reject duplicative or abuse-prone applications (e.g., repeated attempts to summon the same witnesses/documents) and may impose costs to deter misuse of process. - [Mahaveer Bhandari VS Ankur Jain (tatiya)]

• " landlord-tenant relationship focus (not title)" - In eviction petitions, the focus remains on establishing the landlord-tenant relationship under the Act, rather than adjudicating title or ownership disputes. - [Sajjan Kumar Agarwal VS Rent Control Appellate Tribunal]

• "Amendment after death — admissibility and scope" - Amendments to reflect post-death developments (e.g., legal representatives’ involvement) are permissible when they aid the determination of the real questions in controversy and do not prejudice the other side. - [Tasleem Ahmad, S/o Siraj Ahmad vs Sabeela Khatoon, Wife Of Shri Gulam Rasool]

• "Judicial delay and expeditious direction" - Courts frequently direct expeditious hearing and disposal of eviction petitions, with warnings against protracted proceedings and delayed judgments. - [Ramswaroop @ Pappu S/o Bobad Ram Saini vs Moolchand Saini S/o Kalluu Ram Saini]

S.11 Restoration of possession of illegally dispossessed tenant

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

Legal Comments

• "Jurisdiction" - Rent Tribunal lacks power to decide title/ownership disputes under Rajasthan Rent Control Act, 2001; Section 11 challenges to government authority over title are not maintainable - [RAJASTHAN RENT CONTROL ACT, 2001 - SECTION 11 - JURISDICTION OF RENT TRIBUNAL - OWNERSHIP DISPUTE] [Virendra Kumar Jain VS State of Rajasthan - 2018 0 Supreme(Raj) 115]

• "Scope of Section 11" - Section 11 deals with restoration of possession to illegally dispossessed tenants, not with title disputes; cannot challenge title against government machinery via Section 11 - [RAJASTHAN RENT CONTROL ACT, 2001 – Section 11 – Ownership Dispute] [Virendra Kumar Jain VS State of Rajasthan - 2018 0 Supreme(Raj) 115]

• "Evidence/Article 227" - Appellate/Private challenge under Article 227 of the Constitution upheld where tribunals’ factual findings are supported by evidence; appellate court’s concurrent factual appreciation preserved - [Rajasthan Rent Control Act, 2001 – Section 11 – Constitution of India – Article 227 – Evidence] [Jagmaal VS Chandrashekhar - 2017 0 Supreme(Raj) 1978]

• "Overriding jurisdiction of Rent Tribunal" - Rent Act provisions have overriding effect over arbitration; Arbitrator cannot decide eviction/landlord-tenant rights; jurisdiction confined to Rent Tribunal - [Arbitration - Termination of Tenancy - Rajasthan Rent Control Act, 2001 - Section 11 of Arbitration Act] [Big Shoppers Supermarket Pvt. Ltd. VS K. M. Trading and Agencies Pvt. Ltd. - 2008 0 Supreme(Raj) 2384]

• "Civil Court vs Rent Tribunal" - Suits seeking ownership declarations or reliefs like cancellation of sale deeds fall outside Rent Tribunal’s purview; Civil Court has jurisdiction for title/ownership reliefs - [ Rajasthan Rent Control Act, 2001 - Section 18 – Jurisdiction – Civil Court] [SHANTI DEVI Vs. LRS OF LAKSHMI NARAYAN - 2025 Supreme(RAJ) 959]

• "Relationship & non-dependency on title" - For eviction suits, proving landlord-tenant relationship suffices; title/ownership not required; focus is on relationship per Act - [Eviction - Relationship of Landlord and Tenant - Section 21 - Order 7 Rule 11 CPC] [N. K. Singh VS Brijmohan Singh - 2022 0 Supreme(Raj) 2957]

• "Section 18 bar on civil suits" - Section 18 bars civil courts from entertaining disputes between landlord and tenant; exclusive jurisdiction lies with Rent Tribunal for such matters and ancillary reliefs - [SPECIFIC PERFORMANCE - JURISDICTION - SECTION 18, RAJASTHAN RENT CONTROL ACT, 2001] [Rajasthan Rajya Sahakari Upbhokta Sangh (CONFED) Ltd. VS Rent Control Tribunal, Jaipur - 2004 0 Supreme(Raj) 645]

• "Maintenance of petitions in summary proceedings" - Rent Tribunal conducts summary proceedings; CPC provisions are not generally applicable; petitions under Section 15(5) must be disposed of within 240 days; no Court Commissioner ordinarily allowed to prop up defence - [Rent Tribunal - Summary Proceedings - Section 15(5)] [Nanda (Died) through Legal Heir VS Prabhu Narayan Simlot - 2017 0 Supreme(Raj) 1650]

• "Consequences of repeal" - On repeal of old Act, new Act governs landlord-tenant rights; but pending old Act matters may sometimes be governed by old Act per saved provisions; requires careful reading of Secs 29/32(3)(A) and 32(3)(A) - [REPEAL OF OLD ACT AND ENACTMENT OF NEW ACT - MAINTAINABILITY] [Mohd. Usman (D) Thro’ His LR’sAnr VS Smt. Uma Khanna - 2013 0 Supreme(Raj) 1061]

• "Maintenance of rejoinders" - Rent Tribunal can condone delays in filing rejoinders if substantial justice demands; proceedings are time-bound but flexible to prevent injustice - [SECTION 12(3) rejoinder delay - Rejoinder condonation] [Sridhar Goswami VS Shashi Rani Gupta - 2014 0 Supreme(Raj) 1195]

• "Permissibility of summons of documents" - Documents sought to defend a tenancy case (e.g., bank records, telephone connections) can be ordered if relevant; postponement to a later stage may delay adjudication; tribunals can be directed to summon relevant documents - [EVICTION SUIT - SUMMONING OF DOCUMENT - SECTION 21 - Order 11 CPC] [Rajendra Kumar Sharma VS Radheyshyam - 2011 0 Supreme(Raj) 2467] [Shanti Devi VS Ramji Lal - 2017 0 Supreme(Raj) 1998]

• "Res judicata in eviction suits" - Fresh eviction pleas based on changed genuine needs may proceed; res judicata not a bar where changed circumstances exist - [Rajasthan Rent Control Act, 2001 – Section 11 – Res Judicata] [Suresh S/o Late Shri Chandi Prasad vs Dhruv Narayan Purohit S/o Late Purohit Swaroop Narayan - 2025 0 Supreme(Raj) 2014]

• "Mesne profits/possession reliefs" - Section 20/20A-like considerations exist in old Act contexts; but for Rent Act matters, fixation of mesne profits is guided by relevant statutes; courts may adjust quantum or remit for reconsideration - [Civil Supreme Court/High Court standard on mesne profits under old Act provisions] [Martin & Harris Private Limited VS Rajendra Mehta - 2022 6 Supreme 394]

• "Banking/ SARFAESI context" - Tenant challenges under SARFAESI are addressed by amendments; if amended provisions permit tenant to challenge dispossession under SARFAESI, Rent Act remedies may be foregone - [SARFAESI Act and Rent Control Act interplay] [I. C. I. C. I. Bank Limited VS Krishna Kumar Bishnoi - 2018 0 Supreme(Raj) 1156]

• "Leave & Licence context" - If a lease/Leave and Licence agreement is in dispute, Court can examine documentary evidence but cannot rely on such agreement to override Rent Tribunal’s exclusive jurisdiction; findings on such questions may be prima facie and subject to later evidence - [Leave and Licence Agreement – Order 7 Rule 11] [Prince Kazmi S/o Late Noushah Husain Kazmi VS Sandeep Khaturia S/o Late Ramchandra Ji Khaturia - 2023 0 Supreme(Raj) 157]

• "Premises definition and applicability" - The definition of 'premises' and whether areas like hotels fall under Act affects maintainability; some premises may be outside Act’s applicability depending on notification/sections - [Premises - Definition – Section 29/Section 32 interplay] [Bhup Singh VS Rent Tribunal - 2013 0 Supreme(Raj) 733]

• "Applicability to special areas" - Cantonment/notification issues may require specific orders; applicability of Act to certain areas may depend on central government notifications; court may direct issues to be decided on jurisdiction - [Rajasthan Rent Control Act and Cantonment Extension] [Shanti Devi Saksena VS Narendra Kumar Sethi - 2016 0 Supreme(Raj) 1153]

• "Constitutional power & Article 227" - High Courts may exercise Article 227 jurisdiction to correct only jurisdictional errors or gross misdirections; not for mere review of findings of fact; restraint advised - [ARTICLE 227 – SUPERVISION OF TRIBUNALS] [Ratan Lal VS Pravin Kumar - 2013 0 Supreme(Raj) 810]

• "No automatic appeal from Rent Tribunal orders" - Post-Rent Tribunal decisions (Appellate) have finality in certain contexts; no further appeal/revision lies against Appellate Rent Tribunal’s orders (subject to law) - [Sec 19(11)(c) – Finality provision] [Ashu Gupta VS The Presiding Officer, Rent Appellate Tribunal - 2005 0 Supreme(Raj) 1753]

• "Amendments to Section 19" - Section 19(4) mandates experience requirements for Presiding Officers of Appellate Rent Tribunal; failure leads to quashing orders - [Section 19(4) – Experience requirement] [Lt. Sh. Ashok Kumar S/o Lt. Sh. Rooplal Birani VS Roshan Electronics, Through its Proprietor Sh. Deepak Choudhary S/o Late Shri Dayal Singh Choudhary - 2023 0 Supreme(Raj) 673]

• "Specific relief actions barred" - Civil suits for specific performance in eviction contexts are barred where Rent Tribunal has exclusive jurisdiction; tribunal’s order to dismiss such civil proceedings consistent with Section 18 - [SPECIFIC PERFORMANCE OF COMPROMISE DECREE IN EVICTION SUIT – Section 18] [Rajasthan Rajya Sahakari Upbhokta Sangh (CONFED) Ltd. VS Rent Control Tribunal, Jaipur - 2004 0 Supreme(Raj) 645]

S.1 Short title, extent and commencement

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.2 Definitions

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.5 Payment and remittance of rent by tenant

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

S.19-A Power of Tribunal to order payment of rent and arrears thereof during pendency of petition or appeal

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

Here is the concise legal commentary on Section 19-A of the Rajasthan Rent Control Act, 2001, based on the provided sources.

Legal Commentary on Section 19-A of the Rajasthan Rent Control Act, 2001

Introduction

Section 19-A was inserted into the Rajasthan Rent Control Act, 2001 by Rajasthan Act No. 33 of 2017. This provision grants the Rent Tribunal and the Appellate Rent Tribunal a specific interim power to compel a tenant to pay rent and arrears during the pendency of a petition or appeal, thereby preventing tenants from using litigation as a means to avoid rental obligations.

What the Section Says

Section 19-A: Power of Tribunal to order payment of rent and arrears thereof during pendency of petition or appeal.The provision empowers the Tribunal to direct a tenant to pay to the landlord all dues on account of rent and arrears thereof during the pendency of a petition or appeal before it.

Essential Ingredients

• Pending Proceeding: The power is exercisable only during the pendency of a petition or appeal before the Rent Tribunal or Appellate Rent Tribunal.
• Order from Tribunal: The order is discretionary and issued by the Tribunal.
• Subject Matter: The order pertains to the payment of rent and arrears thereof.
• Recipient: The payment is directed to be made to the landlord.

Scope of Section

The scope of Section 19-A is interim and procedural. It acts as a mechanism to ensure that tenants do not withhold rent indefinitely while pursuing legal remedies. The Tribunal can direct the payment of current rent as well as accumulated arrears. It functions as a safeguard for the landlord’s right to receive rent, preventing the abuse of the legal process by a tenant. This section does not deal with the final adjudication of the dispute but with the financial discipline during the litigation. ["Rajendra Kumar VS Murli Manohar - 2023 0 Supreme(Raj) 2084"]

Punishment for Section

The provided sources do not specify a specific "punishment" under Section 19-A itself. The consequence of non-compliance is typically not a criminal penalty but a procedural one. The Tribunal may strike off the tenant's defense or dismiss the petition/appeal, or pass other coercive orders to ensure compliance.

Legal Comments

• Interim Remedy for Landlords - Section 19-A provides a crucial interim remedy for landlords to recover rent and arrears during the pendency of a dispute, preventing tenants from using litigation as a tool for non-payment.
• Insertion by Amendment - This provision was not part of the original Act but was inserted later by Rajasthan Act No. 33 of 2017, showing a legislative intent to strengthen the position of landlords.
• Power of the Rent Tribunal - The Rent Tribunal is specifically empowered under Section 19-A to order the payment of all arrears of rent by the tenant during the proceedings.
• Application During Appeal - The power extends to the Appellate Rent Tribunal as well, allowing for similar orders to be made during the pendency of an appeal against a Tribunal order.
• Mandatory Compliance with Limitation - An application for relief, including matters under Section 19-A, can be rejected if there is an excessive and unjustified delay in filing, as the appropriateness and justification of delay are crucial for acceptance. ["Rajendra Kumar VS Murli Manohar - 2023 0 Supreme(Raj) 2084"]
• No Punitive Provision Found - The provided sources do not detail a specific criminal punishment for violating an order under Section 19-A, suggesting the penalty is likely a civil sanction (e.g., striking out defense).
• Deemed Civil Court Status - The Rent Tribunal and Appellate Rent Tribunal are deemed to be civil courts for certain purposes (Section 195 and Chapter XXVI of CrPC), which strengthens their authority to enforce orders under Section 19-A.
• No Conclusive Finding Required - The section allows the Tribunal to order payment without making a final determination on all issues in the main petition, focusing only on the immediate need for rent payment.
• Protection Against Frivolous Litigation - This section acts as a check on tenants who may file frivolous petitions or appeals solely to delay the payment of rent.
• Interpretation in Case of Delay - Courts have held that failure to provide satisfactory reasons for a significant delay in filing an appeal will lead to dismissal, reinforcing the need for timely action in rent control matters. ["Rajendra Kumar VS Murli Manohar - 2023 0 Supreme(Raj) 2084"]
• Relation to Limitation Act - The provision interacts with the Limitation Act, as tenants seeking relief against an order must show justification for any delay in filing their application or appeal. ["Rajendra Kumar VS Murli Manohar - 2023 0 Supreme(Raj) 2084"]
• Tenant's Duty to Pay - The section reinforces a tenant’s fundamental duty to pay rent, even when a legal dispute is ongoing between the parties.
• Specific Direction in Review Petitions - Courts have rejected review petitions that sought to recall a direction to decide an eviction petition within a specified period, upholding the Tribunal's procedural management powers which are linked to enforcing rent payment. ["Satnam Motocorp Pvt. Ltd. VS Kinshuk Sharma S/o. Shri Shiv Sharan Sharma - 2022 0 Supreme(Raj) 255"]
• No Tying to Specific Prayer - A landlord is not necessarily required to have made a specific prayer in a previous writ petition (e.g., to decide eviction within a time frame) to later seek a direction for disposal of an eviction petition; the power under Section 19-A remains available. ["Satnam Motocorp Pvt. Ltd. VS Kinshuk Sharma S/o. Shri Shiv Sharan Sharma - 2022 0 Supreme(Raj) 255"]
• Procedural Tool for Speedy Justice - The Rent Tribunals were established for the speedy disposal of cases, and Section 19-A is a key procedural tool to achieve this by removing financial disputes as a barrier to progress.
• Discretionary Power - The Tribunal has discretion under this section, but it must be exercised judiciously and in line with the evidence, as courts have upheld sound decisions made by lower tribunals. ["Rajendra Kumar VS Murli Manohar - 2023 0 Supreme(Raj) 2084"]
• Not Exclusive to Tenant's Fault - While primarily aimed at tenants, the provision can also be used to ensure that a landlord who has improperly refused rent can be ordered to accept it, though the primary focus is on tenant payment.

S.18 Jurisdiction of Rent Tribunal

- (1) The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. 17 of 1950) shall stand repealed with effect from the date notified under sub-section (3) of section1I of this Act. (2) The repeal under sub-section (1) shall not affect,- (a) anything duly done or suffered under the enactment so repealed; or (b) -any right, title, privilege, obligation or liability acquired or incurred under the enactment so repealed; or (c) any fine, penalty or punishment incurred or suffered under the provisions of the enactment so repealed. (3) Notwithstanding the repeal under sub-section (a) all applications, suits or other proceedings under the repealed Act pending on the date of commencement of this Act before any court shall be continued and disposed of, in accordance with the provisions of the repealed Act, as if the repealed Act had continued in force and this Act had not been enacted. However, the plaintiff within a period of one hundred and eighty days of coming into force of thi

Legal Commentary on Section 18 of the Rajasthan Rent Control Act, 2001

Introduction

Section 18 of the Rajasthan Rent Control Act, 2001 is a pivotal provision that establishes the jurisdiction of the Rent Tribunal over disputes between landlords and tenants. It operates as an exclusive jurisdiction clause, effectively barring Civil Courts from entertaining matters that fall within the purview of the Rent Tribunal. This section reflects the legislative intent to create a specialized, expeditious forum for landlord-tenant disputes, thereby reducing the burden on regular civil courts and providing a more efficient resolution mechanism.

What Section 18 Says

Section 18(1) of the Rajasthan Rent Control Act, 2001 provides that:

"Notwithstanding anything contained in any other law for the time being in force, in the areas to which this Act extends only the Rent Tribunal and no Civil Court shall have jurisdiction to hear and decide the petitions relating to disputes between landlord and tenant and matters connected therewith and ancillary thereto, filed under the provisions of this Act."

The section also contains the following important sub-sections:

• Sub-section (2) : Where a petition only for recovery of unpaid rent or arrears of rent is filed, the time schedule and procedure enumerated in Section 14 shall apply.

• Sub-section (3) : For petitions for recovery of possession in respect of premises to which Chapters II and III of the Act do not apply, the procedure under Section 15 shall apply.

• Sub-section (4) : A petition must be instituted before the Rent Tribunal within whose local jurisdiction the premises are situated.

• Proviso 1: The Rent Tribunal shall, in deciding petitions to which Chapters II and III do not apply, have due regard to the Transfer of Property Act, 1882, the Indian Contract Act, 1872, or any other substantive law as would have been applied by a Civil Court.

• Proviso 2: Nothing in the Act empowers the Rent Tribunal to entertain disputes to which the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964, and the Rajasthan Premises (Requisition and Eviction) Ordinance, 1949, apply.

Essential Ingredients

From the statutory text and judicial interpretation, the essential ingredients of Section 18 are:

1. Non-obstante clause – The provision begins with "Notwithstanding anything contained in any other law," giving it overriding effect over other laws [Nalini Mehta VS State of Bank of India - 2005 0 Supreme(Raj) 2493].

2. Territorial applicability – Applies only to "areas to which this Act extends" .

3. Exclusive jurisdiction of Rent Tribunal – Only the Rent Tribunal, and no Civil Court, has jurisdiction [Raisa Bano VS Inayat Ali - 2013 0 Supreme(Raj) 619].

4. Nature of disputes covered – Petitions relating to disputes "between landlord and tenant" [Raisa Bano VS Inayat Ali - 2013 0 Supreme(Raj) 619].

5. Connected and ancillary matters – Jurisdiction extends to matters "connected therewith and ancillary thereto" [Mahaveer International Apex, Having Its Address At S-10, 2Nd Floor, Janta Colony, Jaipur (Rajasthan) Through Its International President Mr. S. k. Jain VS Mahaveer International Association, Jaipur Center Having Its Registered Office At S-10, Janta Colony, Jaipur (Rajasthan) Through Its President Mr. Subhash Golcha - 2021 0 Supreme(Raj) 193].

6. Filing under the Act – The dispute must be one "filed under the provisions of this Act" .

7. Territorial jurisdiction of Tribunal – The petition must be filed before the Rent Tribunal within whose local limits the premises are situated (Sub-section 4) .

Scope of Section

The scope of Section 18 extends to:

• Disputes arising out of the landlord-tenant relationship, including matters that are "incidental and ancillary" to that relationship [Raisa Bano VS Inayat Ali - 2013 0 Supreme(Raj) 619].

• Disputes relating to repairs undertaken by a tenant, where the tenant seeks recovery of costs from the landlord, as such disputes necessarily arise from the landlord-tenant relationship [Mahaveer International Apex, Having Its Address At S-10, 2Nd Floor, Janta Colony, Jaipur (Rajasthan) Through Its International President Mr. S. k. Jain VS Mahaveer International Association, Jaipur Center Having Its Registered Office At S-10, Janta Colony, Jaipur (Rajasthan) Through Its President Mr. Subhash Golcha - 2021 0 Supreme(Raj) 193].

• Injunction applications by tenants to restrain landlords from dispossession [Neelam Nagpal VS Tolaram - 2022 0 Supreme(Raj) 1657].

• Disputes regarding restoration of amenities, such as electricity connections, as they arise from the landlord-tenant relationship [Harish Borana VS JVVNL - 2016 0 Supreme(Raj) 693].

• Eviction petitions on grounds specified under Section 9 of the Act [I. C. I. C. I. Bank Limited VS Krishna Kumar Bishnoi - 2018 0 Supreme(Raj) 1156].

• Challenges to the validity of lease deeds; the Rent Tribunal has jurisdiction to decide whether an unregistered lease deed can be taken on record [Vijay Singh VS Krishan Swaroop Goyal - 2021 0 Supreme(Raj) 1241].

However, the scope has limits:

• Suits for cancellation of sale deeds, declaration of ownership, permanent injunction, and mesne profits, where ownership is the primary issue, fall outside the Rent Tribunal's jurisdiction [SHANTI DEVI Vs. LRS OF LAKSHMI NARAYAN - 2025 Supreme(RAJ) 959].

• The Rent Tribunal's jurisdiction does not extend to disputes between a secured creditor and a tenant under the SARFAESI Act, as the dispute is not between a landlord and tenant [I. C. I. C. I. Bank Limited VS Krishna Kumar Bishnoi - 2018 0 Supreme(Raj) 1156].

• Suits pending before Civil Courts prior to the applicability of the Act to a particular area continue to be validly decided by the Civil Court [SHANKARLAL NADANI VS SOHANLAL JAIN - 2022 4 Supreme 536].

Punishment for Section

Section 18 itself does not prescribe any specific punishment. However, the consequences of violating or circumventing the provision include:

• Rejection of plaints – Suits filed before Civil Courts in matters exclusively within Rent Tribunal jurisdiction are liable to be dismissed as barred by law [Parshav Nath Jain Mandir Trust VS Avtar Singh - 2011 0 Supreme(Raj) 1067].

• No jurisdiction of Civil Court – Orders passed by Civil Courts in matters beyond their jurisdiction may be set aside [Raisa Bano VS Inayat Ali - 2013 0 Supreme(Raj) 619].

• Exemplary costs – Courts have directed that frivolous or vexatious miscellaneous applications may be visited with exemplary costs to ensure expedited disposal of matters before the Rent Tribunal [Gopal Soni S/o Shri Ramswaroop Soni VS Girwar Dayal Gupta S/o Shri Nemi Chand Gupta - 2017 0 Supreme(Raj) 1020].

Legal Comments

The following legal comments are derived from the analysis of the provided sources:

• Exclusive Jurisdiction – Section 18(1) of the Rajasthan Rent Control Act, 2001 excludes the jurisdiction of Civil Courts and vests exclusive jurisdiction in Rent Tribunals to try cases arising under the Act relating to landlord-tenant disputes [Raisa Bano VS Inayat Ali - 2013 0 Supreme(Raj) 619].

• Overriding Effect – The provision begins with a non-obstante clause, giving it precedence over other laws for the time being in force, thereby ensuring that landlord-tenant disputes covered by the Act are decided exclusively by the Rent Tribunal [Nalini Mehta VS State of Bank of India - 2005 0 Supreme(Raj) 2493].

• Ancillary Matters Included – The Rent Tribunal has jurisdiction not only over primary landlord-tenant disputes but also over matters connected therewith and ancillary thereto, including disputes about repairs undertaken by tenants and recovery of their costs [Mahaveer International Apex, Having Its Address At S-10, 2Nd Floor, Janta Colony, Jaipur (Rajasthan) Through Its International President Mr. S. k. Jain VS Mahaveer International Association, Jaipur Center Having Its Registered Office At S-10, Janta Colony, Jaipur (Rajasthan) Through Its President Mr. Subhash Golcha - 2021 0 Supreme(Raj) 193].

• Admitted Relationship – Where the relationship of landlord and tenant is admitted between the parties, the jurisdiction of the Civil Court is clearly excluded, and the Rent Tribunal alone has the authority to decide such disputes [Mahaveer International Apex, Having Its Address At S-10, 2Nd Floor, Janta Colony, Jaipur (Rajasthan) Through Its International President Mr. S. k. Jain VS Mahaveer International Association, Jaipur Center Having Its Registered Office At S-10, Janta Colony, Jaipur (Rajasthan) Through Its President Mr. Subhash Golcha - 2021 0 Supreme(Raj) 193].

• Ownership Disputes Excluded – A suit seeking cancellation of a sale deed, declaration of ownership, permanent injunction, and mesne profits, where no tenant relationship is established, falls outside the Rent Tribunal's jurisdiction and must be adjudicated by the Civil Court [SHANTI DEVI Vs. LRS OF LAKSHMI NARAYAN - 2025 Supreme(RAJ) 959].

• Title Not Germane – In eviction matters, the issue of title to the premises is not germane; the sole issue revolves around the relationship of landlord and tenant, making the Rent Tribunal the proper forum [Rajkumar Moolani VS Tannu Swarnakar - 2020 0 Supreme(Raj) 149].

• No Civil Court Bar for Ownership Suits – Section 18 does not bar the Civil Court from hearing a suit for declaration, eviction, recovery of possession, and permanent injunction where the suit is based on a will or involves ownership rights [Laxmi Narayan VS Rajendra Prasad - 2016 0 Supreme(Raj) 299].

• Pendency of Civil Suit – A suit filed before a Civil Court prior to the applicability of the Act to an area must be decided by the Civil Court; the decree passed is valid and executable, and the applicability of the Act does not interdict it [SHANKARLAL NADANI VS SOHANLAL JAIN - 2022 4 Supreme 536].

• Date of Lis Commencement – The rights of parties are determined on the date the lis commences, i.e., the date of filing of the suit; if the Act becomes applicable after filing, the Civil Court retains jurisdiction [SHANKARLAL NADANI VS SOHANLAL JAIN - 2022 4 Supreme 536].

• Jurisdictional Objection – Where a party itself approaches the Rent Tribunal for redressal, it cannot later raise a jurisdictional objection, as its own actions corroborate the Tribunal's authority [Shivraj Singh Rathore S/o Shri Tej Singh Rathod vs Rani Geetika Kumari, Wife Of Late Shri Arun Singh - 2025 0 Supreme(Raj) 1939].

• Dispute About Tenancy – Whether a person is a tenant is a contentious issue that must be determined by the Rent Tribunal on the basis of evidence led by the parties; the Civil Court has no jurisdiction to entertain such a dispute [Jagdish Prasad VS Shanti Devi Panwar - 2014 0 Supreme(Raj) 1833].

• Expedited Disposal – Courts have directed Rent Tribunals to dispose of eviction petitions and related applications expeditiously, with adjournments ordinarily limited to three times and miscellaneous applications decided by reasoned speaking orders [Gopal Soni S/o Shri Ramswaroop Soni VS Girwar Dayal Gupta S/o Shri Nemi Chand Gupta - 2017 0 Supreme(Raj) 1020].

• Right to Adduce Evidence – Every person has the right to prove their case, and sufficient opportunity must be granted for adducing evidence; however, courts may limit such opportunities to ensure expeditious decision-making [Neelam Nagpal VS Tolaram - 2022 0 Supreme(Raj) 1657].

• Minimum Interference – Findings of fact arrived at by the Rent Tribunal and affirmed by the Appellate Rent Tribunal, which are not capricious or perverse, do not warrant interference under supervisory jurisdiction [Gurdeep Singh VS Vijay Kumar - 2019 0 Supreme(Raj) 830].

• Dominus Litis Principle – The petitioner, being the dominus litis of the suit, cannot be compelled to implead a party when no relief is claimed against them, and the title to the premises is not germane for deciding an eviction suit [Chandratan Chandak S/o Late Shri Chaganlal VS Durgashankar Chandak S/o Shri Suraj Ratan Chandak - 2024 0 Supreme(Raj) 177].

• Impleadment of Third Parties – The Municipal Council is not a necessary party in an eviction suit since the dispute is limited to eviction and rent recovery between the landlord and tenant [Rajkumar Moolani VS Tannu Swarnakar - 2020 0 Supreme(Raj) 149].

• Matters of No Relevance – In a petition for eviction on grounds of default in rent payment after termination of tenancy, facts relating to subsequent damage to the property are of no relevance to the Rent Tribunal's jurisdiction [Ritu Nalwaya VS Narendra Singh Bapna - 2016 0 Supreme(Raj) 603].

• SARFAESI Excluded – Disputes between a secured creditor and an alleged tenant under the SARFAESI Act do not fall within Section 18 of the Rent Control Act, as they are not disputes between a landlord and tenant [I. C. I. C. I. Bank Limited VS Krishna Kumar Bishnoi - 2018 0 Supreme(Raj) 1156].

• Specific Performance Barred – A suit for specific performance of a compromise decree in an eviction suit, which is in substance an attempt to execute the earlier decree, is barred by Section 18(1) as it arises out of the landlord-tenant relationship [Parshav Nath Jain Mandir Trust VS Avtar Singh - 2011 0 Supreme(Raj) 1067].

• Commercial Disputes Included – The Rent Tribunal has exclusive jurisdiction over eviction petitions under the Act even in commercial contexts, as per Sections 18 and 29, and objections regarding commercial transactions being governed by other Acts are unmeritorious [Shivraj Singh Rathore S/o Shri Tej Singh Rathod vs Rani Geetika Kumari, Wife Of Late Shri Arun Singh - 2025 0 Supreme(Raj) 1939].

• Consequential Orders – Consequential orders in proceedings before the Rent Tribunal should be challenged in the pending proceedings itself; initiating a fresh suit without impleading necessary parties is improper [Harish Borana VS JVVNL - 2016 0 Supreme(Raj) 693].

• Preliminary Issues – Trial Courts are expected to frame issues in respect of res judicata and jurisdiction of the Civil Court and decide the same as preliminary issues when objections are raised under Section 18 [Laxmi Narayan VS Rajendra Prasad - 2016 0 Supreme(Raj) 299].

• No Interference with Concurrent Findings – Where there are concurrent findings by both the Rent Tribunal and the Appellate Rent Tribunal, and no illegality is committed, writ jurisdiction is not liable to be exercised [Vijay Singh VS Krishan Swaroop Goyal - 2021 0 Supreme(Raj) 1241].

• Balanced Approach – While Section 18 vests exclusive jurisdiction in the Rent Tribunal, courts have cautioned against stretching its scope to include matters that are purely ownership-related, ensuring a balanced approach to jurisdiction [SHANTI DEVI Vs. LRS OF LAKSHMI NARAYAN - 2025 Supreme(RAJ) 959].