GOPAL AGARWAL Vs. CHANDAK HOLDINGS PVT. LTD.

JUDGEMENT

(1.) This writ petition has been preferred assailing the judgment dtd. 27/1/2021 passed by the Appellate Rent Tribunal, Jaipur Metropolitan-I dismissing the appeal of the petitioner-tenant and affirming the order dtd. 9/5/2019 passed by the Rent Tribunal, Jaipur Metropolitan who disposed of the application filed by the respondent-landlord under Sec. 9 of the Rajasthan Rent Control Act, 2001 (for short, 'the Act of 2001') in the following manner:

(2.) Counsel for the petitioner submits that the learned court below have committed illegality in entertaining and trying the eviction petition filed by the landord under the Act of 2001 in clear contravention of the provisions of Chapter-II and III of the Act of 2001. Counsel submits that the applicant should have filed a civil suit as the application under the Rent Control Act is not maintainable. He has further submitted that the documents exhibited are to be proved under the Evidence Act but the applicant has not proved any document. Sec. 3 of the Act of 2001 provides that Chapter II and III not to apply certain premises and tenancies including the premises belonging to or let out by the Central Government or the State Government.

(3.) Heard learned counsel for the petitioner and perused the material available on record.