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Rajasthan HC: Object of rent control act is not to deprive landlords of their deprived properties

Sonal Bhargava | Edited by Prabhat Bandhulya

Case : Mangal Das through LRS v. Amar Singh through LRS

According to the Rajasthan High Court, the fundamental purpose of the Rajasthan Rent Control Act, 1950, is to protect tenants from harassment by unscrupulous landlords. The court went on to say that the goal in question could not be understood in such a way as to deprive the landlords of their legitimate properties indefinitely.

The primary object of the Rent Control Act, 1950 is to save the harassment of tenants from unscrupulous landlords. The object of the Rent Control Act, 1950 may not be misconstrued to deprive the landlords of their bona fide properties for all times to come." - Justice Sudesh Bansal Observed

The court gave the appellant-tenant three months to evacuate and deliver over the rented premise to respondents, subject to payment of outstanding rent/mesne profits, if any, while noting that the rented premise in the instant case had been in tenancy of the tenant since 1948.

The court stated that neither tenant could show that he paid the necessary rent to the landlord by postal money order prior to deposition of rent in court under Section 19(A) of the Act of 1950, nor that he issued a notification to the landlord requesting his bank account details. The substantive question of law does not arise in the instant case and deserves to be resolved in the negative, the court added, given the factual matrix.

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