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CHAPTER- V CONSTITUTION OF TRIBUNALS, PROCEDURE FOR REVISION OF RENT AND EVICTION, APPEAL AND EXECUTION

Section 18: Jurisdiction of Rent Tribunal

The Rajasthan Rent Control Act, 2001

How current this text is

Text as published by India Code for the Government of Rajasthan, with amendments up to the Rajasthan Rent Control (Amendment) Act, 2017 (Act No. 33 of 2017).

(l) Notwithstanding anything contained in any other law for the time being in force, in the areas to which this Act extends, only the Rent Tribunal and no civil court shall have jurisdiction to hear and decide the petitions relating to disputes between landlord and tenant and matters connected therewith and ancillary thereto, filed under the provisions of this Act:

Provided that Rent Tribunal shall, in deciding such petitions to which provisions contained in Chapter II and III of this Act do not apply, have due regard to the provisions of Transfer of Properties Act, 1882 ( Act No. 4 of 1882) the Indian Contract Act, 1872 (Act No. 9 of 1872), or any other substantive law applicable to such matter in the same manner in which such law would have been applied had the dispute been brought before a civil court by way of suit:

Provided further that nothing contained in this Act shall be deemed to empower the Rent Tribunal to entertain a petition involving such dispute between landlord and tenant to which provisions of the Rajasthan Public Premises ( Eviction of Unauthorized Occupants) Act, 1964 ( Act No. 2 of 1965) and the Rajasthan Premises (Requistion and Eviction) Ordinance, 1949 apply.

(2) Where the petition only for recovery of unpaid rent or arrears of rent is filed, the time schedule and procedure enumerated in section 14 shall mutatis mutandis apply to such petition.

(3) Where the petition for recovery of possession is filed in respect of the premises or tenancies to which the provisions of Chapter II and III of this Act do not apply, the time schedule and procedure enumerated in section 15 shall mutatis mutandis apply to such petition.

(4) A petition shall be instituted before the Rent Tribunal, within the local limits of whose jurisdiction -the premises is situated.

Questions on this section

2 questions in 3 of our papers cite Section 18.

Practise questions on Rajasthan Local Laws