Jurisdiction of Rent Tribunal or Civil Court
A registered rent deed is executed between the tenant and the landlord. The tenant vacated the premises prematurely. There was a dispute over the Security Deposit amount to be refunded by the Landlord.
Prima Facie it appears that the matter of Security Deposit is a matter connected with and ancillary to the dispute between the Landlord and the Tenant.
The Rajasthan Rent Control Act 2001 {Section 18(i) & Section 29 reproduced below} makes it mandatory that such disputes be filed in The Rent Control Tribunal
Section 18. Jurisdiction of Rent Tribunal.-(l) Notwithstanding anything contained in any other law for the time being in force, in the areas to which this Act extends, only the Rent Tribunal and no civil court shall have jurisdiction to hear and decide the petitions relating to disputes between landlord and tenant and matters connected therewith and ancillary thereto, filed under the provisions of this Act:
Section 29. Act to have overriding effect.-The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other Law for the time being in force or in any instrument having effect by virtue of any Law other than this Act
Please let me know Where should the tenant file the Suit for Recovery? In a CIVIL COURT or the RENT TRIBUNAL?
