Rajasthan Rent Control Act, 2001, Section 6, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Bonafide requirement - Application for amendment of written statement of tenant that after death of landlord the son has joined his business and so bonafide requirement for personal business of his son does not exists anymore - Since in instant case issues have..........
Rajasthan Rent Control Act, 2001, Section 21(3)(H), Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction petition - Impleadment of a party - In eviction matters, third party title cannot be decided - `R' was impleaded on ground that he was in possession of shop, eviction of which was sought - Petitioner not found to be a proper and necessary party and he was not..........
Rajasthan Rent Control Act, 2003, Section 21 -- Powers of Rent Tribunal - Application of Legal Representatives of original tenant for taking his affidavit on record - Dismissal of - Validity - Original tenant submitted his affidavit in defence - Factum of death of original tenant was also before Appellate Tribunal - In case LRs of tenant was allowed to file the affidavit..........
Rajasthan Rent Control Act, 2001, Section 6, 9 -- Eviction petition - Non-use of tenanted premises - No photograph or any other documentary evidence produced by landlord which could show that for which period tenanted premises remained closed - Rather landlord in his cross-examination stated that shop in question was lying closed since April, 2005 whereas application under..........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(5) -- Rent and eviction - Striking off defence of defendant - As per S.13(5) of the Act, where tenant fails to deposit or pay any amount within time specified, Court shall pass order of striking off defence - In instant case, defendants failed to deposit provisional rent as determined by trial Court -..........
Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964, Section 2(b)(vii) -- Waqf property - Premises belonging to Waqf Board would be governed by Rent Control Act and not by provisions under the Act in view of definition of `premises' as provided u/s 2(b)(viii) of the Act - Impugned order set aside - Matter remanded back for decision afresh...........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 9(i) -- Amendment of reply - Dismissal of application - Eviction petition - On the basis of subsequent event as pleaded, in no manner it can be said that bonafide requirement of premises as pleaded by landlord stand completely eclipsed - Appellate Rent Tribunal committed no..........
Rajasthan Rent Control Act, 2001, Section 9(i) -- Eviction petition - Bonafide requirement - Merely because landlord`s son has ceased to be Additional Government Advocate in no manner it can be concluded that bonafide requirement as pleaded has become extinct on account of subsequent development...........
Constitution of India, 1950, Article 226, 227, Rajasthan Rent Control Act, 2003, Section 19, 21, Rajasthan High Court Rules, 1952, Rule 134 -- Intra-Court appeal against judgment of Single Judge - Maintainability - Rent Tribunal and Appellate Rent Tribunal have trappings of Civil Court - Therefore judicial orders passed by them can only be questioned by invoking power of..........
Rajasthan Rent Control Act, 2001, Section 9(a) -- Eviction petition - Default in payment of rent - Notice reveals that though landlord claimed that rent of premises for a period of more than 4 months is due but neither actual period of rent nor the amount of rent due was specified in notice issued - Thus, while serving notice the amount due towards arrears of rent which..........
