SECTION 14 Procedure For Revision of Rent
SECTION 14 Procedure For Revision of Rent
SECTION 14 Procedure For Revision of Rent
(a)where the premises have been let out prior to 1st January, 1950, it shall he deemed to have been let out on 1st January,
1950 and the rent payable at that time shall he liable to be increased at the rate of [5%] per annum and the amount of
increase of rent shall be merged in such rent alter ten years. The amount of rent so arrived at shall again be liable to he
increased at the rate of 5% per annum in similar manner upto the year of commencement of this Act;
(b)where the premises have been let out on or after 1st January, 1951, the rent payable at the time of commencement of
the tenancy shall be liable to he increased at the rate of [5%] per annum and the amount of increase of rent shall be
merged in such rent after ten years. The amount of rent so arrived at shall again be liable to be increased at the rate of
[5%]
(2)Notwithstanding anything contained in Sub-sec. (1), where the period of ten years for merger of increase of rent under
Sub-sec. (1) is not completed upto the year of the commencement of this Act, the rent at the rate of 5% per annum shall he
increased upto the Near of the commencement of this Act and amount of increase of rent shall he merged in rent.
(3)The rent arrived at according to the formula given in Sub-secs. (1) and (2) shall, after completion of each year from the
year of commencement of this Act, again be liable to be increased and paid at the rate of 5% per annum and the amount of
increase of rent shall he merged in such rent after ten years. Such tent shall further be liable to he increased at similar rate
and merged in similar manner till the tenancy subsists.
(4)The rent revised as per formula given under Sub-sec. (1) or Sub-sec. (2) shall he payable, after the commencement of
this Act, from the date agreed upon between the landlord and the tenant or where any petition is filed in a Rent Tribunal,
from the date of filing of such petition.
SECTION 7. Revision of rent in respect of new tenancies.
(1) In the absence of any agreement to the contrary, the rent of the premises let out alter the commencement of this Act
shall be liable to he increased at the rate of 5% per annum and the amount of increase of rent shall be merged in such
rent after ten years. Such rent shall further be liable to be increased at the similar rate and merged in similar manner till
the tenancy subsists.
(2) any agreement fOr increase of rent in excess of 5% per annum shall he void to that extent.
Chapter 5 of Raj Rent Control act,2001 defines PROCEDURE FOR REVISION OF RENT UNDER
SECTION 14
SECTION 14 Procedure for revision of rent.-
(l) The landlord may seek revision of rent under section 6 or section 7 by submitting a petition before the Rent
Tribunal accompanied by affidavits and documents, if any.
(2) On filing of such petition the Rent Tribunal shall issue notice accompanied by copies of petition, affidavits and
documents to the opposite party fixing a date not later than thirty days from the date of issue of notice. The opposite
party may file reply, affidavits and documents after serving part the copies of the same on the petitioner, within a
period not exceeding thirty days from the date of service of notice. The service of notice shall be effected through
process server of the Tribunal or Civil Court as well as by registered post, acknowledgement due. Notice duly served
by any of these methods shall be treated as sufficient service.
(3) The petitioner may thereafter file rejoinder, if any, after serving the copy to the opposite party, within a period not
exceeding fifteen days from the date of service of the reply.
(4) Rent Tribunal shall thereafter fix a date of hearing, which shall not be later than ninety days from the date of
service of notice on the tenant.
(5) The Rent Tribunal, during the course of such hearing, may hold such summary inquiry.. as it deems necessary and
fix the rent as per formula laid down in section 6 or section 7 and issue a recovery certificate indicating the date from
which such rent shall be payable.The petition shall be disposed of within a period of one hundred and fifty days from
the date of service of notice on the tenant.
Chapter III : TENANCY , OF RAJ. RENT CONTROL ACT, 2001 DEFINES LIMITED
PERIOD Tenancy
section 8. Limited period tenancy.
SECTION 8 (1) The landlord can rent out the place forresidential purpose for up to three years, but not longer
than that.
SECTION 8(2) In these situations, both the landlord and the person who wants to rent the place shall submit
a joint petition to the Rent Tribunal for permission to enterinto limited period tenancy and make a temporary
rental agreement and to get a certificate for recovery of possession that allows the landlord to take back the
place if needed.
SECTION 8(3) The Rent Tribunal shall grant permission immediately and issue a certificate for recovery
of possession allowing the landlord to take back the place when the agreed time mentioned in the certificate
is over. But such permission can only be given for the same place up to three times at maximum.
SECTION 8 also states that If the landlord doesn't start the process to take back the place within six months
after getting the certificate, the certificate becomes invalid.
Chapter 3 : TENANCY ,of Raj Rent Control act,2001 defines eviction of tenants UNDER
SECTION 9
Not withstanding anything contained in any other law or contract but subject to other provisions of this Act, The
Rent Tribunal will not order any tenant for eviction unless it's sure that
(A) The landlord can't ask the tenant to leave unless the tenant hasn't paid rent for four months.
But the landlord can't use this reason if the landlord haven't provided the tenant with their bank account number
and the name of the bank in the same area, either in the rental agreement or by sending a notice through
registered mail with an acknowledgment.
Explanation. - For the purposes of this clause, This means that according to this rule, the rent is considered paid
if it's sent to the landlord via money order, and it should be properly addressed to the landlord
(B) If the tenant purposefully causes or allows major damage to the property, the landlord has the right to
request the tenant to vacate the premises.
(C) If the tenant makes changes to the property by doing any kind of construction on the property without
the written permission of the landlord and these changesdecrease the value of the property, then, the landlord
can ask the tenant to vacate the premises.
(D) If the tenant creates nuisance or does any act which goes against the reason they were allowed to rent the
place, or any act which could arm or affect the landlord’s interest in the property, then the landlord can ask the
tenant to vacate the premises.
(E) The landlord can request the tenant to leave if the tenant rents out part or all of the property to someone
else without getting written permission of the landlord.
EXPLANATION:- If it's found that someone other than the tenant is using any part of the property or complete
property, it will be assumed that the tenant either sub-let or gave away part or all of the property to someone
else
(F) If The tenant has stopped being a tenant or if the tenant doesn't accept that the landlord owns the property,
and the landlord has not given up his property right and not forgiven or accepted this behavior of the tenant
(G) if The property was rented to the tenant for residential use but the tenant starts using the property partly or
entirely for commercial purposes; or
H) The property was rented to the tenant for residential use because the tenant worked for the landlord in service
or employment, but the tenant now no longer works for the landlord.
(I) If The landlord genuinely and in good faith, needs the property for himself, or for his family, or for
someone else who has the right to use it
Provided that if the landlord asks the tenant to vacate the property under the Clause (I) of section 9 of
Rajasthan rent control act,2001
If the landlord seeks to evict a tenant under Clause (i), he cannot rent the property to anyone else for the
next three years.
If he does, the tenant can ask the Rent Tribunal to get the property back. The Rent Tribunal will handle
this request quickly, following the procedures in Section 16.
(2) The Rent Tribunal, upon filing of petition- under sub-section (1), shall issue - notice accompanied by copies
of petition, affidavits and documents, if any, fixing a date not later than thirty days from the date of issue of
notice requiring the tenant to submit reply accompained by affidavits and documents, if any, on which the
tenant relies. The service of notice shall be effected through process server of the Tribunal or civil court as
well as by registered post, acknowledgement due. Notice duly served by any of these method shall be
treated as sufficient service
(3) The tenant may submit his reply, affidavits and documents after serving the copies of the same to the
petitioner, within a period not exceeding forty five days from the date of service of notice.
(4) The petitioner may thereafter file rejoinder if any, after serving copy to the opposite party, within a period
of thirty days from the date of service of reply.
(5) The Rent Tribunal shall thereafter fix a date of hearing which shall not be later than one hundred and eighty
days from the date of service of notice on the tenant.The petition shall be disposed of within a period of two
hundred and forty days from the date of service of notice on the tenant.
(6) The Rent Tribunal during the course of such hearing may hold such summary inquiryas it deems necessary
and decide the petition. The Rent Tribunal may also make efforts for conciliation or settlement of dispute
between the parties.
(7) Where the Rent Tribunal decides the petition in favour of the landlord, it shall issue a certificate for recovery
of possession from the tenant.
(8) The certificate issued under sub-section (7) shall not be executable for a period of three months from the
date of decision. 13[Provided that in case of premises let out for commercial use such certificate shall not be
executable for a period of six months from the date of the decision]
Chapter 3 :TENANCY of Raj Rent Control act,2001 defines Right of landlord to recover
immediate possession in certain cases.
SECTION 10
SECTION 10. Right of landlord to recover immediate possession in certain cases.
(1) Despite anything stated differently in this Act, any other current law, or any contract or custom.
(i) A landlord can immediately get back possession of a residential property by filing a petition in the Rent
Tribunal if he:
(a) If the landlord is or was a member of the armed forces or paramilitary forces of the Union, and files the
petition within one year before or after the date of retirement, release, or discharge, or within one year
from the start of this Act, whichever is later;
(b) If the landlord is or was an employee of the Central Government, State Government, local bodies, or
State-owned Corporations, and files the petition within one year before or after retirement, or within one
year from the start of this Act, whichever is later:
(c) If the landlord has become a senior citizen and files the petition after three years from the date the
property was rented out.
(ii) If a landlord was in the armed forces or paramilitary forces and died while working, their dependent legal
representative can get the house back quickly by filing a request. This must be done within one year after the
death or within one year from the start of this Act, whichever is later.
(iii) After a landlord dies, his widow can get the house backand shall be be entitled to recover immediate
possession of the residential premises, quickly by filing a petition in the Rent Tribunal. She must do this
within one year from the date of her husband's death.
(2) If the landlord has rented out more than one property, they can file a petition under Sub-section (1) for only one
property of their choice. This petition is allowed only if the landlord does not live in their own property in the same
municipal area.
(3) Where a landlord, after renting out his ground floor property, becomes permanently disabled and cannot use stairs,
and requires the ground floor premises for his own residence, he can be entitled to recover the ground floor property
back quickly by filing a petition in the Rent Tribunal, and he can be entitled to recover immediate possession of such
ground floor premises by providing a certificate from a government hospital's medical board confirming his disability,
and by proving that he does not own any other suitable ground floor property in the same municipal area.
If the tenant is willing to move from the ground floor to the landlord's upper floor property, the Rent Tribunal will
order the landlord to get immediate possession of the ground floor only if the landlord provides an equally
proportionate part of the upper floor to the tenant, under terms set by the Rent Tribunal.
(4) If the landlord gets back possession of the property under this section 10, then, after recovery, the landlord cannot rent
such property to anyone else for a period of three years.
If he does, the tenant can apply to the Rent Tribunal to get the property back. The Rent Tribunal will handle this
request quickly, following the procedures in Section 16.
Explanation. - For the purpose of this section, the expression "landlord" shall mean the owner of the residential
premises.
(2) The Rent Tribunal, upon filing of petition under sub-section (1), shall issue notice accompained by copies of petition,
affidavits and documents, fixing a date not later than thirty days- from the date of service of notice requiring the tenant
to submit reply accompained by affidavits and documents, if any, on which the tenant relies. The service of notice shall
be effected through process server of the Tribunal or civil court as well as by registered post, acknowledgement due.
Notice duly served by any of these methods shall be treated as sufficient service.
(3) The. tenant may submit his reply, affidavits and documents after serving the copies of the same on the petitioner
within a period not exceeding thirty days from the date of service of notice. The petitioner may file rejoinder, if any,
after serving copy of the same on the tenant within a period of fifteen days from the date of service of reply.
(4) The Rent Tribunal shall thereafter fix a date of hearing which shall not be later than ninety days from the date of
service of notice on the tenant. The petition shall be disposed of within a period of one hundred and fifty days from the
date of service of notice on the tenant.
(3) The landlord must submit their reply with the affidavits and documents within 10 days of getting
the notice, after serving copies of these documents to the petitioner.
The petitioner can respond within 7 days of getting the landlord's reply, and give a copy to the
landlord.
The Rent Tribunal will then set a hearing date within 15 days.
The case must be decided within 90 days from when the landlord got the notice.
(4) The Rent Tribunal will conduct a quick investigation to determine if the petitioner was illegally
removed from the rented property without their consent and without legal process. If this is found to
be true, the Tribunal will order that the tenant immediately gets the property back.
The Tribunal may also order the landlord to pay the tenant compensation for the hardship and
inconvenience caused. The amount will depend on the facts and circumstances of the case. The
Tribunal will issue a certificate to allow the tenant to recover immediate possession of the property.
Chapter 5: CONSTITUTION OF TRIBUNALS, PROCEDURE FOR REVISION OF RENT AND
EVICTION, APPEAL AND EXECUTION of Raj Rent Control act,2001 defines
CONSTITUTION OF TRIBUNALS UNDER SECTION 13 OF THE ACT
SECTION 13: Constitution of Rent Tribunal.
(1) The State Government will create as many Rent Tribunals as needed and will decide where they should
be Located. This information will be announced either by notification or in the Official Gazette.
(2) If there are two or more Rent Tribunals set up for an area, the State Government can decide how to
divide the work among these tribunals. The State government can regulate the distribution of business
among these tribunals through a general announcement or a specific order.
(3) A Rent Tribunal shall consist of only one person, who is called the Presiding Officer. This person will
be appointed by the High Court.
(4) No one can be chosen as the Presiding Officer of the Rent Tribunal unless they are a member of the
Rajasthan Judicial Service, only members of rajasthan judicial service can be chosen as the presiding
officer. The member of rajasthan judicial service who is being chosen as the presiding office shall be of
the rank of Civil Judge Senior Division.
(5) Even though sub-section (3) says certain things, the High Court can allow the Presiding Officer of one
Rent Tribunal to also perform the duties of the Presiding Officer of another Rent Tribunal.