Disposed

Kunj Bihari Agarwal S/O Shri Shivdayal Agarwal v. State of Rajasthan

Rajasthan HC6 Dec 2018CW/26759/2018

Case brief

AI extract

What is this about?

This High Court granted liberty to the landlord to file a fresh application under Section 7 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The Court directed the Rent Tribunals to decide it expeditiously within six months without influence from earlier Section 6 orders.

What did the court decide?

Liberty granted to file application under Section 7 of the Act; decision within six months.

Kunj Bihari Agarwal S/O Shri Shivdayal Agarwal Vs… — Landlord and Tenant | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 26759/2018

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Kunj Bihari Agarwal S/o Shri Shivdayal Agarwal, Aged About 72 Years, R/o Plot No. 72, Rajamal Ka Talab, Chokadi Sarhad, Jaipur (Raj.). (Land Lord).

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----Petitioner/Landlord

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Versus

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State of Rajasthan, Through The Secretary, Justice, Law And Legal Affairs Department, Govt. Secretariat, Jaipur (Raj.)

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Murlidhar Sindhi S/o Shri Pritam Das Sindhi, Shop Keeper Shop No. 162, Bapu Bazar, Jaipur (Raj.)

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----Respondent-Tenant

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For Petitioner(s) : Shri J.P. Goyal, Sr. Advocate with Shri Abhinav Arora For Respondent(s) :

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Judgment

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06/12/2018

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Submission of learned senior counsel for the appellant is that in this case, his application under Section 6 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short-`the Act’) has been wrongly rejected by the learned Rent Tribunal as also the Rent Appellate Tribunal. Appellant approached the Rent Tribunal for revision of rent under Section 6 of the Act on the premise that the standard rent in this case was determined under Section 6 of the Act and rent of Rs.5,000 was fixed as the standard rent by order of the Court dated 5.12.2005 and,

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(2 of 2)

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[CW-26759/2018]

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therefore, this amount cannot be accepted as the base rent for the purpose of revision of rent under Section 6 of the Act.

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In the course of arguments, learned senior counsel when was confronted with Section 7 of the Act, he submitted that application in fact ought to have been filed by the appellantlandlord under the provisions of Section 7, which provides for annual increase @ 5% per annum, which after every span of ten years would stand merged with the principal amount and then further increase @ 5% would follow in the same fashion for next ten years. He submitted that the appellant filed the application under Section 6 of the Act under misconceived notion, but now he should be given liberty to file application under Section 7 of the Act.

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Prayer of the learned senior counsel for the appellant appears to be bonafide. The petition is disposed of with liberty to the appellant to file a fresh application under Section 7 of the Act. The Rent Tribunal as also the Appellate Rent Tribunal shall not be influenced by any observation made in the earlier order passed in proceedings under Section 6 of the Act. The application now filed by the appellant under Section 7 of the Act shall be decided expeditiously and preferably within six months after service of notice on the respondents.

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With the above observations, the petition is disposed of.

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(GOVERDHAN BARDHAR),J

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(MOHAMMAD RAFIQ),J

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RS/100

Kunj Bihari Agarwal S/O Shri Shivdayal Agarwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kunj Bihari Agarwal S/O Shri Shivdayal Agarwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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