Case: Rajasthan State ACT: Rajasthan Rent control act 2001 Property : Shop (commercial) case summary: one shop is given to tenant around 20 years back. After some years case was filed to evict tenant. on the ground of personal necessity of landlord for his personal use and for his children business. After some years in year 1999 the trail court gave the judgment in the favor of landlord and order to evict the tenant.. now in 2002 tenant appeal in appealate court the lower court erred in judgment....and grounds that there is no personal necessity of landlord.. For the last 7-8 years matter is pending in appealate court........ every time tenant bring new application in upper court under o6 r17 cpc and bring new facts that landlord children is doing business in different cities etc and other facts but failed to prove any facts in court just to delay the court proceddings. my question is: Is there any limit of bringing amendments in appeal? Is there any limit of bringing adjournment in appeal? does landlord are committing crime to give shop or house to tenant ? Can landlord ever get the justice to bring back their land and use is personally? Is it not necessary to put some limit on number of years the tenant and use the property like 5 or 7 years etc. Is there any way to evict tenant ? please give any ruling in the favor of landlord to evict tenant Thanks

Law is not in favor of landlords, when you are so much particular about using your property why you let it at the first place.Law is lengthy process.

1. I think appeal is filed under rent control act of 1950 and not under rent control act of 2001 because in new act appeal is to be decided within 180 days after the service of summons of appeal on opposite party Section 19(8).

2.  Better to file writ petition under Art. 226 and 227 of the constiitution of India in Rajasthan High Court for early disposal of appeal.

Yes queriest query is regarding Rajasthan Rent {control and eviction } Act 1950 and not regarding Rajasthan Rent Control Act 2001.Approach to High court and get direction for early disposal of appeal.There are many citations which favours to landlord do not worry.

 

Anything you try to fix will take longer and cost you more than you thought.

Ok an what abt if tenant has got that shop as pagdi system.where at that time the pagdi amount was as good as todays buying amount.

supreeme court  of india decied that land lord is betar judge for use of his proparty n tenent cant advaice to his land lord to use another proparty.......a land lord cant wait to evecte disputed proparty pendency of suit he is entaitaled to run other bussnes.........if you want judgement in fever of you.... you send me email..advrajatvyas@gmail.com..i will send you judgements lists..

Dear...

for such a situation you shuld file application under order 41 rule 5 of CPC for mesne profits, the court will decide the enhance rent of the property according to the present market value, further if u want more rent you can challange the order to high court, and then in high court u can get direction to decide the appeal within one month...

regards

Amit

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