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Section 9 of Rajasthan Rent Control Act - Limitation of Suit by Plaintiff
The section primarily deals with the time frame within which a landlord can file a suit for eviction. Strict adherence to the limitation period is emphasized, and delays in depositing rent or filing suits are generally not condonable under Section 5 of the Limitation Act, especially in the absence of specific provisions allowing such condonation. The law mandates strict compliance with procedural timelines, and non-compliance can lead to dismissal of eviction suits.
References: Santosh Arora VS Vasudev Manghani & Sons - Rajasthan, Firm Kirparam Ganeshilal VS Vijay Kumar - Rajasthan, Firm Kirpram Ganeshilal VS Vijay Kumar - Rajasthan, LRs of Kistoorji, Chauthmal S/o late Kistoorji (deceased) through LR’s VS Mansha Ram S/o Kanhaiya Lal Soni (deceased) through LR’s - Rajasthan -
Mandatory Nature of Sections 13(3) to 13(6) and Limitation
Sections 13(3) to 13(6) of the Act specify the mandatory procedural requirements for eviction suits, including deposit of rent and notices. Strict compliance with these provisions is necessary, and the Limitation Act's Section 5 generally does not extend or condone delays unless explicitly provided. Delays in rent deposit or filing are often viewed as violations of mandatory provisions, leading to dismissal or non-condonation of default.
References: Shyam Mahatma VS Babu Khan - Rajasthan, Sita Ram Agarwal VS Nasiruddin - Rajasthan, LRs of Kistoorji, Chauthmal S/o late Kistoorji (deceased) through LR’s VS Mansha Ram S/o Kanhaiya Lal Soni (deceased) through LR’s - Rajasthan -
Deposit of Rent and Condonation of Delay
Deposit of rent under Section 13(4) is a crucial procedural step; failure to deposit timely is often considered a breach of mandatory requirements. Courts have held that the Act does not permit condonation of delays in rent deposit unless specific provisions or circumstances justify it. The act of withdrawal or non-user of rent deposit funds does not automatically imply waiver or condonation.
References: Gyanchand VS Madanlal - Rajasthan, Shyam Mahatma VS Babu Khan - Rajasthan, LRs of Kistoorji, Chauthmal S/o late Kistoorji (deceased) through LR’s VS Mansha Ram S/o Kanhaiya Lal Soni (deceased) through LR’s - Rajasthan -
Legal Procedures and Court Powers
Courts have inherent powers under Civil Procedure Code and the Act to review judgments, condone delays, or set aside orders, but such powers are exercised cautiously and typically require strong grounds like bona fide mistakes or misadvice. Order 47 Rule 1 and Section 151 of CPC are relevant in reviewing or setting aside orders related to rent deposit or eviction proceedings.
References: Firm Kirpram Ganeshilal VS Vijay Kumar - Rajasthan, Firm Kirparam Ganeshilal VS Vijay Kumar - Rajasthan, Motilal S/o Sh. Narayan Sunar VS Mahendra Prakash S/o Bhanwar Lal - Rajasthan -
Conclusion
Under Rajasthan Rent Control Act, Section 9 and related provisions impose strict time limits for filing eviction suits. Non-compliance with procedural requirements, especially regarding rent deposit and notices, is generally not condonable under Section 5 of the Limitation Act unless explicitly permitted. Courts emphasize the mandatory nature of these provisions, and delays are often fatal to eviction claims unless exceptional circumstances are established.
References: All sources cited above.
Search Results for "Rajasthan Rent Control Act s 9 Limitation of Suit Plaintiff"
2009 0 Supreme(Raj) 129 • India - Rajasthan
ASHOK PARIHAR
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Sec. 7, 9, 13; Limitation Act, 1963, Sec. 5 — Suit for eviction — Default ... — Delay in depositing rent is not condonable u/S. 5 of the limitation Act in absence of specific provisions — As per provisions ... and non-user — Subsequently purchaser was substituted as plaintiff — Allowed and further affirmed by lower appe....
1989 0 Supreme(Raj) 80 • India - Rajasthan
M.C.JAIN
Rajasthan Premises (Control of Rent & Eviction) Act, 1950, Sec. 13(4) and C.P.C., Sec. 151 and Order 47, R 1 and Limitation Act, ... Sec. 3—Application for reviewing the order of striking out the defence and condoning the delay For depositing the amount of rent ... Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act) and also application moved under section 5, #HL....
1989 0 Supreme(Raj) 589 • India - Rajasthan
M.C.JAIN
OF ORDER 47, RULE 1, CIVIL PROCEDURE CODE - APPLICABILITY OF SECTION 13(4), RAJASTHAN PREMISES (CONTROL OF RENT AND EVICTION) ACT ... (CONTROL OF RENT AND EVICTION) ACT, 1958 - EXPLANATION TO ORDER 47, RULE 1, CIVIL PROCEDURE CODE - INHERENT POWERS OF THE COURT ... REVIEW OF JUDGMENT - ORDER 47, RULE 1, CIVIL PROCEDURE CODE - SECTION 151, CIVIL PROCEDURE CODE - SECTION 13(4), RAJASTHAN PREMISES ... Premises (Control of Ren....
1963 0 Supreme(Raj) 174 • India - Rajasthan
BHARGAVA
(b) Rent Control—Premises (Control of Rent and Eviction) Act, Sec. 6 — Standard rent — Defendant cannot plead in written statement ... (a) Rent Control — Standard Rent — Difference between Jaipur Rent Control Order, Sec. 2(d) and Premises (Control of Rent and Eviction ... The Act provides a remedy to a tenant for getting the standard ....
2009 0 Supreme(Raj) 288 • India - Rajasthan
VINEET KOTHARI
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Sec. 13(3) to 13(6), and Limitation Act, 1963, Sec. 5 — Suit for eviction ... were mandatory and strict compliance therewith was necessary — Sec. 5 of the limitation Act does not apply for extension of time ... u/S. 13(4) of the Act — No question of waiver on delayed deposit of rent and withdrawal thereof — Act of withd....
2015 0 Supreme(Raj) 2102 • India - Rajasthan
VINEET KOTHARI
RENT AND EVICTION - DEPOSIT OF RENT - VALIDITY - CONDITIONS - RAJASTHAN PREMISES (CONTROL OF RENT AND EVICTION) ACT, 1950 - SECTION ... the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, can be regarded as a valid deposit? ... the conditions laid down in Section 19A(3)(c) of the Rajasthan Premises (Control of Rent and Eviction) Act#HL_END....
1997 0 Supreme(Raj) 1518 • India - Rajasthan
M.G.MUKHERJI, M.P.SINGH, N.K.JAIN, P.K.TEWARI, S.K.SHARMA
the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. ... The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (the Act) is a special law that governs the relationship between ... landlords and tenants in the state of Rajasthan, India. ... During the pendency of suit Section 13-A was amended by Rajasthan Ordinance No. 26 of 1975 with effect from 29.#HL_START....
2015 0 Supreme(Raj) 144 • India - Rajasthan
VINEET KOTHARI
Civil Procedure Code, 1908 - Section 96 - Order 41- Rule 27 - Limitation Act - Section 5 - Suit property ... State of Rajasthan & Ors. on against which a first appeal - Ramgopal Sharma & Anr. Vs. ... was regularly paid by defendant/tenant - He submitted that instead of payment of such rent to plaintiff/landlord who was Pujari ... Motilal) and refused to grant eviction decree giving benefit of first default under Section 13 (6) of the Rajasthan Premises (....
2015 0 Supreme(Raj) 2054 • India - Rajasthan
VINEET KOTHARI
5 - RAJASTHAN PREMISES (CONTROL OF RENT AND EVICTION) ACT, 1950 (ACT NO.17 OF 1950), SECTION 13(3), 13(4), 13(6). ... The delay in deposit of rent could not be condoned because the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 does not ... RENT CONTROL - EVICTION - SECOND DEFAULT - DEPOSIT OF RENT - DELAY - CONDONATION - POWER OF COURT - ....
1973 0 Supreme(Raj) 95 • India - Rajasthan
JOSHI, BERI
(a) Limitation Act, Sec. 5—Delay due to wrong advise by counsel—Wrong being bona fide and after consultation of a published book, ... (d) Contract Act, Sec. 23—Against public policy—Plaintiff subletting premises to defendant on condition that he will pay to plaintiff ... (b) Pleadings—Variation between pleading and proof—Claim founded on goodwill but in proof plaintiff basing his claim on Aadat—Suit ... Gupta raised an interesting question that the Rajasthan....
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