Dismissed

Saefuddin S/O Kamruddin v. Rafiq Mohammad S/O Babu Kha

Rajasthan HC17 Apr 2023CW/834/2023

Case brief

AI extract

What is this about?

This case involves a writ petition challenging a Rent Tribunal order that granted interim relief and directed a 5% annual rent increase. The High Court observed that excess rent would be adjusted later and found no ground for interference under Articles 226 and 227 of the Constitution.

What did the court decide?

The writ petition filed by the petitioner challenging the Rent Tribunal's order dismissing the eviction and rent increase application was dismissed.

Saefuddin S/O Kamruddin Vs Rafiq Mohammad S/O Babu Kha — Landlord and Tenant | Rajasthan HC (2023)

¶1

[2023/RJJP/006761]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 834/2023

¶4

Saefuddin S/o Kamruddin, Aged About 35 Years, R/o Chota Bazar Bundi, Raj.

¶5

----Petitioner

¶6

Versus

¶7

Rafiq Mohammad S/o Babu Kha, Aged About 56 Years, R/o Nainwa Road, Bundi, Raj.

¶8

Kamruddin, S/o Nur Mohammee

¶9

Nizam S/o Kamruddin, Both R/o Chota Bazar Bundi, Raj. (Names Of Respondent/tenant No. 2 And 3 Deleted Vide Order Dated 9-9-2022)

¶10

----Respondents

¶11

For Petitioner(s) : Mr. Carn Bhatnagar. For Respondent(s) : Ms. Harshita Sharma for Mr. Mahesh Sharma.

¶12

HON'BLE MR. JUSTICE INDERJEET SINGH

¶13

Order

¶14

17/04/2023

¶15

This writ petition has been filed by the petitioner challenging the order dated 09.09.2022 passed by the learned Rent Tribunal.

¶16

Brief facts of the case are that the respondent-landlord has filed eviction application before the learned Rent Tribunal along with the interim relief application, thereafter, the petitioner has filed his reply. The learned Rent Tribunal vide its order dated 09.09.2022 allowed the interim relief application and directed the petitioner-tenant for payment of monthly rent @ 5% to be increased every year. Being aggrieved by the order dated 09.09.2022 passed by the learned Rent Tribunal, the petitionertenant has filed the present writ petition.

(2 of 2)

[2023/RJJP/006761]

[CW-834/2023]

Counsel for the petitioner-tenant submits that the learned trial court has committed serious illegality in allowing the application for interim relief, increasing the monthly rent of the disputed premises as 5% yearly.

¶21

Heard counsel for the petitioner and perused the record.

¶22

This writ petition filed by the petitioner deserves to be dismissed; firstly, the learned Rent Tribunal while allowing the interim relief application observed that excess rent if any paid to the respondent-landlord will be adjusted at the time of final disposal of the eviction application; secondly, in the facts and circumstances of the present case, in my view, no case is made out for interference by this court under Article 227 of the Constitution of India.

¶23

In that view of the matter, this writ petition stands dismissed.

¶24

(INDERJEET SINGH),J

¶25

MG/124

Saefuddin S/O Kamruddin v. Rafiq Mohammad S/O Babu Kha

Case brief

What is this about?

What did the court decide?

Saefuddin S/O Kamruddin v. Rafiq Mohammad S/O Babu Kha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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