Limitation Act, 1963, Section 5, Rajasthan Rent Control Act, 2003, Section 15, Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Non filing of written statement in time - Condonation of delay - Petitioner failed to place any document on record to show the hardship that was caused to him on account of which he did not file written statement in time - He was..........
Suit for possession -- Applicability of S.18 of Rajasthan Rent Control Act - Rent Control Act came into force after civil suit was filed - Act is applicable to areas in question from date of notification came into force and it does not bar decree of civil Court or pendency of such civil suit - Decree passed by civil Court is valid and executable which is not interdicted..........
Rajasthan Rent Control Act, 2001, Section 9(i), 9(m) -- Eviction petition - Recalling of order by tenant - Tenant was in no manner responsible for delay in disposal of application - Entire responsibility for causing delay was of landlord who filed his rejoinder after expiry of stipulated time limit and then kept on delaying proceedings until he could succeed to bring..........
Rajasthan Rent Control Act, 2001, Section 9, Rajasthan High Court Rules, 1952, Rule 134, Constitution of India, 1950, Article 226, 227 -- Eviction - Rent Tribunal and appellate Rent Tribunal constituted under the Act while adjudicating disputes between landlord and tenant, exercising judicial power of State, discharge judicial functions, which are akin to judicial..........
Rajasthan Rent Control Act, 2001, Section 3(viii) -- Exemption to trust from applicability of Chapter II & III of the Act - On basis of material on record, decision taken by State Government in granting exemption to premises of respondent trust from applicability of provisions of Chapter II & III of the Act cannot be faulted with...........
Rajasthan Rent Control Act, 2001, Section 6, 9 -- Eviction petition - In application seeking eviction, applicant is not required to establish his title qua rented premises and to have a recovery certificate, it is sufficient that if he establishes relationship of landlord and tenant between the parties - From material on record, it is beyond any doubt that complainant has..........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Rajasthan Rent Control Act, 2001, Section 9(A), (I), (E), (F), 21(3), Evidence Act, 1872, Section 45 -- Eviction petition - Tribunal denied to be take documents on record - Since said documents were denied to be taken on record, therefore, Tribunal observed that there was no justification for taking report of handwriting..........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13 -- Eviction suit - Dismissal of suit - Arrears of rent - No material whatsoever was produced regarding relationship of landlord and tenant between the parties besides the fact that defendant was able to establish that preliminary facts alleged in plaint regarding letting out property in the year 1983..........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 9 -- Amendment of written statement - Dismissal of application - Eviction petition - Admittedly, petitioners have denied averment in original application as to applicant no.3 being unemployed in their reply - Even if the applicant no.3 has been employed with bank, regular or contractual..........
Rajasthan Rent Control Act, 2001, Section 20(3) -- Eviction petition - Default in payment of mesne profit - Issuance of recovery of possession certificate - Tenant not deposited amount of mesne profit - Tenant is required to continue to pay mesne profit to landlord and arrears of mesne profit - If tenant does not vacate commercial premises within three months from date of..........
