Introduction

• The Rent tribunal in Rajasthan shall be constituted by the state government under Section 13 of the Rajasthan Rent Control Act, 2001 (RRCA).
• The Rent tribunal have jurisdiction to hear and decide the disputes between landlord and tenant.

What is the Procedure of Appointment of Rent Authority in Rajasthan?

• Appointment of Rent Authority
  • Rent authority shall be appointed by the state government, officers of the Rajasthan Administrative Service not below the rank of a Sub-Divisional Officer.
  • The provision relating to appointment of Rent authority provided under Section 22-A of RRCA.
• Appellate Rent Tribunal
  • Appellate Rent Tribunal shall be constituted by the state government for an area.
  • For any final order passed by the Rent tribunal, an appeal will be filed before the Appellate Rent Tribunal.
• Appointment of Presiding Officer
  • A Rent tribunal and Appellate Rent Tribunal consists of one Presiding officer each.
  • He should be a member of Rajasthan Judicial Service not below the rank of Civil Judge Senior Division in case of Rent tribunal and he should be a member of the district judge cadre Service having not less than three years' experience in case of Appellate Rent Tribunal.
  • The presiding officer will be appointed by the High Court.
  • The presiding officer shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (IPC).

What are the Powers of Rent Tribunal in Rajasthan?

• Civil Court
  • The Rent Tribunal or the Appellate Rent Tribunal shall be deemed to be a civil court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (CrPC).
  • The Rent tribunal is not bound by the procedure given under Code of Civil Procedure, 1908 (CPC).
  • But the tribunal shall be guided by the principles of natural justice.
• Powers
  • Tribunal shall have the same powers given to civil court under CPC when it tries suit or appeal in the following matters:
  • Summoning and enforcing the attendance of any person and examining him on oath
  • Requiring the discovery and production of documents
  • Reviewing its decision
  • Issuing commissions for the examination of witnesses or documents
  • Dismissing petition for default or deciding it ex-parte
  • Setting aside any order of dismissal of any petition for default or any order passed by it ex-parte
  • Bringing legal representatives on record
  • Any other, matter as may be prescribed
• Judicial Proceedings
  • Any proceeding before the Rent Tribunal or Appellate Rent Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of IPC.

What is the Procedure for Recovery of Possession?

• A petition can be filed by the tenant or any other person before the Rent tribunal for the recovery of possession.
• The Rent tribunal will issue a notice and fix a date requiring the landlord to submit reply.
• Notice can be served by registered post or acknowledgement due.
• The landlord may submit the reply and serve the copy of it to the tenant.
• The petitioner (tenant) may file rejoinder and serve copy of it to the landlord.
• Thereafter the Rent tribunal will fix a date of hearing.
• The petition should be disposed of within period of 90 days from the date of service of notice to the landlord.
• After holding summary enquiry, if the Rent tribunal finds that tenant was illegally dispossessed from the rented premises without his consent, then the tribunal may pass an order of restoration of possession of premises.
• The tribunal may also pass adequate compensation to the tenant for the hardship and inconvenience caused to him.
• The tribunal shall issue a certificate for recovery of immediate possession.

What is the Procedure for Eviction of Tenant?

• A petition can be filed by the landlord or any other person claiming possession.
• The Rent tribunal will issue a notice and fix a date requiring the tenant to submit a reply.
• The tenant may submit the reply and serve the copy of it to the landlord.
• The landlord may file rejoinder after serving copy to opposite party.
• Thereafter the Rent Tribunal will fix a date for the hearing.
• The petition should be disposed of within 245 days from the date of service of notice to the tenant.
• During the hearing, the tribunal may hold summary enquiry and decide the petition.
• The tribunal may also make efforts for conciliation or settlement of dispute between the parties.
• If the tribunal decide the matter in favor of landlord, it will issue a certificate for recovery of possession from the tenant.

Conclusion

An appeal can be filed before the Appellate Rent Tribunal against the order of the Rent tribunal. The Rent Tribunals helps in the speedy disposal of cases.