AI Overview...
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Application for Alternate Accommodation under Section 9 of Rajasthan Rent Control Act - The provision allows tenants to oppose eviction by demonstrating the landlord's lack of genuine need or failure to provide suitable alternate accommodation. Landlords must produce evidence of their bona fide need and efforts to secure alternate housing. The section emphasizes the importance of tenant protection while balancing landlord rights. Kanhaiya Lal Girraj Prasad VS Gomti Devi Ghodawat - Rajasthan
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Main Points and Insights:
- Section 9 of Rajasthan Rent Control Act enables tenants to contest eviction applications by proving either the landlord's need is not genuine or that the landlord has not secured suitable alternate accommodation.
- The law requires the landlord to establish bona fide need and demonstrate efforts to find alternate accommodation, aligning with principles seen in other rent control statutes (e.g., Sections 12(1)(f) of Madhya Pradesh Act, Section 13(1)(g) of Bombay Act).
- Courts consider the comparative hardship to both parties, especially after amendments, and assess whether the landlord has genuinely exhausted options for alternate housing.
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In cases where tenants claim hardship or inability to find suitable alternate accommodation, courts may grant extensions or relief, balancing tenant protection with eviction rights.
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Analysis and Conclusion:
- The application process under Section 9 primarily involves the landlord establishing genuine need and the availability of alternate accommodation, while tenants can contest on grounds of hardship or lack of suitable options.
- Courts have held that the landlord's obligation includes demonstrating efforts to secure alternate premises and that tenants are entitled to object to the release if their hardship outweighs the landlord's need.
- Overall, Section 9 aims to facilitate eviction where bona fide need exists, but safeguards are in place to prevent undue hardship to tenants, requiring a balanced examination of evidence and circumstances.
References: - Rajasthan Rent Control Act, 2001 – Section 9 Kanhaiya Lal Girraj Prasad VS Gomti Devi Ghodawat - Rajasthan - Comparative insights from Bombay Rents Act, 1947, Section 13(1)(g) Sanwarmal Kejriwal VS Hari Kumar Sharma @ H. K. Sharma - Bombay - Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(f) Radheshyam VS Dinesh Kumar - Madhya Pradesh - Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) Vatakara Co-Operative Ayurveda Hospital Ltd. VS Puthalath Thazha Kuniyil Ayisha W/o Moidu - Kerala - Urban Buildings Act, 1972, Section 21(1)(a) MOHD. SULTAN VS STATE OF UTTAR PRADESH - Allahabad
Search Results for "Application for Alternate Accommodation under Section 9 of the Rajasthan Rent Control Actual"
1985 0 Supreme(Raj) 113 • India - Rajasthan
G.M.LODHA
Rajasthan Premises (Control of Rent and Eviction) Act—Sec. 13—Suit for eviction—comperative hardship—based on recording of evidence—alternate ... After the amendment introduced in S. 13, of the Rajasthan Premises (Control Of Rent & Eviction) Act, (for brevity, the Act), the requirement of comparative hardship of the plaintiff and the defendant needs examination. ... However, this rend would not be perpetual if the laws regarding rent contro....
1983 0 Supreme(Bom) 76 • India - Bombay
R.D.TULPULE
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Surrender of tenancy - Implied surrender - Statutory tenancy - ... The plaintiff filed a petition challenging the dismissal of the suit against defendants Nos. 3, 8 and 9. ... belonged to Bohori Community for their use in order that there should be only one person responsible to Patel for recovering the rent ... Similarly, defendant Nos. 5 and 6 have also been found to have acquired suitable alternate accommodation. ... It is true that all ....
2014 0 Supreme(Raj) 1076 • India - Rajasthan
SANGEET LODHA
RAJASTHAN RENT CONTROL ACT, 2001 - SECTION 2(C), 2(I) - ORDER 10, RULE 2 CPC - EXAMINATION OF PARTIES UNDER ORDER 10, RULE 2 CPC ... Whether the provisions of Order 10, Rule 2 CPC are applicable to proceedings under the Rajasthan Rent Control Act, 2001? 2. ... Fact of the Case: Petitioner challenged the order of the Rent Tribunal allowing the landlord's application for examination ... The eviction of the petitioner from the premis....
2018 0 Supreme(Ker) 268 • India - Kerala
P.N.RAVINDRAN, DEVAN RAMACHANDRAN
Kerala Buildings (Lease and Rent Control) Act 1965, S. 11(3) - Financial dependency is not inclusive of the dependency of the wife ... and the children and also their accommodation as he can be the dependent for some other purpose. ... He pleads that, in order to obtain an alternate suitable accommodation for them, this court may be indulgent enough to grant them two years time to evict themselves from the petition schedule rooms. ... 35. Sri. B. ... Krishnan, the learned counsel appearing for the third....
1985 0 Supreme(AP) 26 • India - Andhra Pradesh
RAMA RAO
Buildings (Lease, Rent and Eviction) Control Act 1960 Sec 32 (b)-Notification in G.O.Ms.No.636, General Administration (Accommodation-A ... In view of the acute shortage in houses fetching rent less than Rs.1000/- the tenants will not be able to get alternate accommodation ... affluent tenants and protection to such tenants results in further clogging the dockets of Rent Control Courts. ... In view of the acute shortage in houses fetching r....
2019 0 Supreme(MP) 690 • India - Madhya Pradesh
VIVEK RUSIA
Accommodation Control Act - Eviction Suit - Section 12(1)(f) - Summary of Acts and Sections: M.P. ... Accommodation Control Act, 1961, Section 12(1)(f) Fact of the Case: The plaintiff filed a suit for eviction and arrears ... The trial court dismissed the suit, but the first appellate court decreed the suit under section 12(1)(f) of the Act. ... Accommodation Control Act, 1961 (hereinafter, for short, "the Act of ....
2018 0 Supreme(Raj) 2301 • India - Rajasthan
INDERJEET SINGH
Rajasthan Rent Control Act, 2001 – Section 9 – Landlady filed an eviction application – Facts of the case ... are that the Landlady filed an eviction application under section 9 of the Rajasthan Rent Control Act,2001 before the Rent Tribunal ... and denied the averments made in the application – Landlady in support of her case produced the evid....
2005 0 Supreme(Bom) 1516 • India - Bombay
RANJANA DESAI
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 - Section 13(1)(g) Eviction Bona fide need Trial Court advised alternate ... arrangement Trial Court cannot acquire advisory role under Section 13(1)(g) of the Act. ... ... Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 ... The suit was filed under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 ("delhi Act" for short ). There the landlord has to prove that he ha....
2006 0 Supreme(All) 2728 • India - Allahabad
RAKESH TIWARI
Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Section 21(1)(a)—Release application under—Bona fide need of ... Rent Act, 1947—However, even assuming that Limitation Act applies, then too, application filed by landlord under Section 23 of U.P ... taking possession from tenant and not from licensees—As petitioners have based their claims on ground of adverse possession and in alternate ... to the landlord not to file a suit under Section....
1989 0 Supreme(All) 527 • India - Allahabad
B.L.LOOMBA
RENT CONTROL - RELEASE OF ACCOMMODATION - RIGHT OF PROSPECTIVE ALLOTTEE TO OBJECT - SCOPE OF JURISDICTION OF REVISIONAL COURT ... The Additional District Magistrate rejected the release application, finding the landlord's need not genuine and allotted the accommodation ... Whether a prospective allottee has the right to object to the release application of the landlord under Section 16 of the Act? ... Department without involving the Rent C....
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