| Headnote |
Rajasthan Rent Control Act, 2001 – ss.4, 6, 7 & 14 – Default in payment of rent – Appellant-landlord let out shops to the respondent-tenant at the rent of Rs.8,500/- per month – Rent deed dated 19.08.1995 executed between the parties, contained a clause for yearly increase of rent by 10% – Accordingly, tenant paid the agreed rent with 10% enhancement yearly – In 2003, tenant was paying rent at the rate of Rs.16,564/- per month – In April 2003, tenant made payment upto month of July at the rate of Rs.16,564/- per month – Thereafter, tenant committed default in payment of rent – Appellant-landlord issued notice dated 27.03.2004 demanding arrears from 01.08.2003 to 29.02.2004 amounting to Rs.1,15,945/- calculated @ Rs.16,564/- per month rent for period of seven months – Tenant deposited Rs. 95,200/- on 26.04.2004 and took the stand that in accordance with provisions of Act, 2001 w.e.f. 01.04.2003, on increasing the rent under the provisions of s.6, the prescribed rent of Rs.8500/- month @ 7.5% p.a. from 01.04.2003 comes to Rs.13,600/- p.m. – Accordingly, tenant deposited rent amount of Rs.95,200/- – Rent Tribunal held that the case of tenant that rent is payable @ 13,600/- p.m. cannot be accepted and directed for eviction of tenant – Same was upheld by Appellate Tribunal – However, High Court held in favour of the tenant – On appeal, held: s.6 of the Act, 2001 empowers the landlord to obtain revision of rent and to calculate the rent from date of initiation of tenancy – But in the event landlord does not choose to invoke the machinery of revision of the rent as provided in s.6 and s.14, the agreed rent between the parties shall not automatically be changed nor the tenant can unilaterally revise the rent – Further, s.4 of the Act which deals with the agreed rent, provides that rent payable for any premises shall subject to the provisions of this Act, be such as may be agreed between the landlord and the tenant – In the instant case, tenant was paying the rent of Rs.16,564/- per month before the enforcement of the Act as per the rent agreement – Said amount of Rs.16,564/- per month was agreed amount which was being paid before the enforcement of the Act – The arrears demanded by the notice dated 27.03.2004 i.e. Rs.16,564/- per month starting from August, 2003 to February, 2004 totalling Rs.1,15,945/- were required to be paid by the tenant and having paid only Rs.95,200/- as per his calculation of the rent at the rate of Rs.13,600/- per month, he has committed default – Also, landlord had not added 10% increase in the rent demanded, therefore, there was no breach of s.6 – High Court has committed error in allowing the writ petition of the tenant – Order of the Rent Tribunal restored.Rajasthan Premises (Control of Rent and Eviction) Act, 1950 – s.6 – Rajasthan Rent Control Act, 2001 – s.6 – Held: A comparison of scheme of s.6 as it existed in Act, 1950 and s.6 as it brought under Act, 2001 makes it clear that although the tenant under the old Act was entitled to apply for fixation of standard rent if the rent was excessive whereas u/s.6 of the Act, 2001 tenant has not been given any right to pray for reduction of the rent. Rajasthan Rent Control Act, 2001 – s.9 – Notice by landlord demanding arrears of rent – Plea of tenant to relieve him from eviction – Tenability of – Held: In the present case arrears demanded by the notice i.e. Rs.16,564/- per month starting from August, 2003 to February, 2004 totalling Rs.1,15,945/- were required to be paid by the tenant and having paid only Rs.95,200/- as per his calculation of the rent at the rate of Rs.13,600/- per month has committed default – Order of the Rent Tribunal directing eviction of the tenant restored. |
