GOVERDHANDAS Vs. RAMESH CHANDRA

JUDGEMENT

(1.) This petition is directed against order dt. 30/5/18 passed by the Rent Tribunal, Chittorgarh, whereby an application preferred by the petitioner under Order VII Rule 11 read with Sec. 151 CPC and Sec. 21 of Rajasthan Rent Control Act, 2001 (for short "the Act"), seeking rejection of the rent petition, has been dismissed.

(2.) The respondent-landlord filed a petition seeking eviction of the petitioner-tenant from a rented premises on the grounds of reasonable and bona tide necessity, material alteration and causing substantial damage to the property. The respondent also claimed damages quantified at Rs.16,00,000.00 and prayed that after adjustment of the security deposit, the petitioner-tenant may be directed to pay the remaining amount.

(3.) The petitioner preferred an application seeking rejection of the petition on the ground that the respondent while claiming damages a sum of Rs.16,00,000.00, has not paid the ad valorem Court fees in terms of the provisions of Rajasthan Court Fees and Suit Valuation Act, 1961 and therefore, the rent petition is liable to be rejected. That apart, according to the petitioner, the claim for damages being not maintainable before the Rent Tribunal, the petition was liable to be rejected for this reason also.