A CRITICAL ANALYSIS OF SECTION 10 OF THE RAJASTHAN

RENT CONTROL ACT, 2001

BY

NANDINI SHARMA

30th APRIL, 2017

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 DECLARATION

I, Nandini Sharma, do hereby declare that, this project work titled “A Critical Analysis of
Section 10 of Rajasthan Rent Control Act, 2001” is an outcome of the research conducted by
me under the guidance of MR. Nakul Sharma (Asst. Prof., Land Laws) at S.S Jain Subodh
Law College in fulfilment for the award of the degree of B.A. LL.B at the University of
Rajasthan.

I also declare that, this work is original, except where assistance from other sources has been
taken and necessary acknowledgements for the same have been made at appropriate places. I
further declare that, this work hasn’t been submitted either in whole or in part, for any degree
or equivalent in any other institution.

Date: 30th April, 2017

Place: Jaipur

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 CERTIFICATE

This is to certify that the project work titled “A Critical Analysis of section 10 of the
Rajasthan Rent Control Act, 2001” submitted by Nandini Sharma in fulfilment for the award
of the degree of B.A. LL.B at S.S Jain Subodh Law College is the product of research carried
out under my guidance and supervision.

MR. Nakul Sharma

Asst. Prof., Land Laws

S.S Jain Subodh Law College

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 ACKNOWLEDGEMENT

I acknowledge with profundity, my obligation to Almighty God and my parents for giving me
the grace to accomplish my work, without which this project would not have been possible
I express my heartfelt gratitude to my respected faculty, MR. Nakul Sharma (Asst. Prof. of
Land Laws) for providing me with valuable suggestions to complete this project work.
I am especially grateful to all my faculty members at S.S Jain Subodh Law College who have
helped me imbibe the basic research and writing skills.
Lastly, I take upon myself, the drawbacks and limitations of this study, if any.

Date: 30th April, 2017

Place: Jaipur

Nandini Sharma

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 TABLE OF CONTENTS

1. Review of Literature vi
2. Statement of Problem vii
3. Research methodology viii
 Hypothesis
 Objectives
 Research Design
 Locale of Study
 Sources of Data Collection
4. Introduction 1
5. How did it originate? 1
6. Section 10 3
7. Conclusion 4
8. Bibliography 4

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 STATEMENT OF RESEARCH PROBLEM

1. What does rent control mean?

2. How did it originate?
3. What is the significance of section 10?

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 RESEARCH METHODOLOGY

OBJECTIVES:
 To study the importance of rent control in Rajasthan.
 To analyze ‘section 10’ which deals with recovery of immediate possession by
landlord.

HYPOTHESIS: the right of landlord to recover immediate possession is subject to certain

limitations.

RESEARCH DESIGN: The study of this topic is based on doctrinal method and its
explanation. The researcher has followed a descriptive approach for the purpose of
explanation. This study is non-empirical.

LOCALE OF STUDY:
This study will focus on Rajasthan Rent Control Act, 2001 and mainly on section 10 of the
abovementioned Act which prescribes certain conditions where a landlord can recover
immediate possession from the tenant.

SOURCES OF DATA COLLECTION:

The research has been conducted with the help of secondary sources:
 Books
 Websites
 Articles

METHOD OF WRITING AND MODE OF CITATION: The method of writing followed

in the course of this research project is primarily analytical. The researcher has followed
Chicago manual of citation throughout the course of this research project.

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 INTRODUCTION

The practice of imposing a legal maximum (rent ceiling) upon the rent in a particular housing
market, below the equilibrium rent is called rent control. If this maximum is above that
market’s equilibrium rent (different rental housing markets may have different equilibrium
rents), then the control is null and void. But if the rent is set at a level below the equilibrium
rent, it will necessarily lead to a situation of excess demand or shortage. In a free market,
prices (here, rents) would rise automatically filling the gap between the demand and the
supply. But rent controls prevent prices from rising up to the equilibrium level and thus,
alternative rationing mechanisms such as black and uncontrolled markets evolve.

HOW DID IT ORIGINATE?

Rent controls were introduced in the early 1900s in the United States and some other parts of
the world to check uninhibited rent increases and tenant eviction during wartime housing
emergencies. After World War II, there was a sudden increase in the demand for rentable
housing from soldiers returning home. With industrialization and corresponding urbanization,
there was an increase in rural-urban migrations. To prevent rents from rising too much owing
to this spurt in demand, Rent Control Acts (RCAs), under various names were introduced in
many countries. These were called the first-generation rent controls. Those introduced later
were called the second-generation rent controls or soft rent controls, because they provided
for some leeway in rent increases and tenant landlord relationship.

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SECTION 10: RIGHT OF LANDLORD TO RECOVER IMMEDIATE POSSESSION
IN CERTAIN CASES. –

(1) Notwithstanding anything to the contrary contained in this Act or any other law for the
time being in force or in any contract or usage. -

(i) A landlord shall, on a petition being filed in this behalf in the Rent Tribunal, be entitled to
recover immediate possession of a residential premises, if he,-

ARMED FORCES:

(a) is or was a member of any armed forces or paramilitary forces of the Union and aforesaid
petition is filed within one year prior to or subsequent to the date of retirement, release or
discharge, as the case may be, or within a period of one year from the date of commencement
of this Act, whichever is later;

It implies that members of armed forces are entitled to get immediate recovery of possession
if the petition has been filed within one year prior or subsequent to the date of retirement or
from the date of commencement of this Act.

EMPLOYEE OF CENTRAL/STATE GOVERNMENT

(b) is or was an employee of the Central Government or the State Government or local
bodies or State owned Corporal ions and files the aforesaid petition within a period of one
year prior to or subsequent to the date of his retirement or within a period of one year front
the date of the commencement of this Act, whichever is later:

SENIOR CITIZEN

(c) has become a senior citizen and files the aforesaid petition after the expiry of three years
from the date of letting out of premises.

DEPENDENT LEGAL REPRESENTATIVE OF LANDLORD [ARMED FORCES]

(ii) a dependent legal representative of a landlord, who was a member of any armed forces or
paramilitary forces of the Union and has died during the course of his employment, shall, on
a petition being filed in this behalf in the Rent Tribunal, be entitled to recover immediate

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possession of the residential premises, if the petition is filed by him within a period of one
year after the death of such member or within a period of one year from the date of
commencement of this Act, whichever is later,

WIDOW OF THE LANDLORD

(iii) after the death of a landlord, his widow shall, on a petition being filed in this behalf in
the Rent Tribunal, be entitled to recover immediate possession of the residential premises, if
the petition is filed by her within a period of one year form he date of death of her husband.

WHEN THERE ARE MORE THAN ONE PREMISES:

(2) Where the landlord has let out more than one premises, the petition under Sub-sec. (1)
shall be maintainable in respect of one rented premises only to be chosen by the landlord and
petition under Sub-sec. (1) shall be maintainable only if the petitioner is not residing in his
own premises in the same Municipal area.

PERMANENT DISABILITY OF LANDLORD

(3) Where a landlord, after letting out his premises on the ground floor, has incurred such
permanent disability due to which he is unable to use staircase and requires the ground floor
premises for his own residence, he shall, on a petition being tiled in this behalf in the Rent
Tribunal, be entitled to recover immediate possession of such ground floor premises on his
furnishing a certificate from duly constituted Medical Board of a Government Hospital about
such a permanent disability and on satisfying the rent Tribunal that he has no suitable
residential premises of his own on ground floor in his possession in the same Municipal area :

CONDITION :

Provided that it tenant is prepared to vacate ground floor premises in exchange of premises in
occupation of landlord on the upper floor, the Rent Tribunal shall pass order of immediate
possession in favour of landlord only on the condition that the landlord shall make available
proportionately equal portion of the premises in his occupation on the upper floor to the
tenant on such terms and conditions as may he fixed by the Rent Tribunal.

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LANDLORD RESTRICTED TO LET OUT TO ANY OTHER PERSON WITHIN
THREE YEARS:

(4) Where the landlord has recovered possession of the premises under this section, he shall
be prohibited from letting out the same to any other person within a period of three years and
in case the premises are let out, the tenant shall be entitled for restoration of possession on an
application moved by him before the Rent Tribunal and the Rent Tribunal shall dispose of
such application expeditiously and the procedure as laid down in Sec. 16 shall mutatis
mutandis apply.

Explanation. - For the purpose of this section, the expression "landlord" shall mean the owner
of the residential premises.

CONCLUSION

Thus, it is well known that Rajasthan Rent Control Act, 2001 was passed with a view to
protect and secure the rights and interests of tenants. This Act clearly restrains the landlords
from exploiting the tenants. While the legislation intended to ensure disciplinary and punitive
actions against landlord and other persons who interfere with the rights of tenants, Section 10
of the aforementioned Act provides right to landlord to recover immediate possession. But
this right is available and can be availed in certain conditions only. The conditions provided
under the Act are of such nature that validate the immediate recovery and are not arbitrary in
nature.

BIBLIOGRAPHY

Books referred:
 Rajasthan Rent Control Act, 2001.

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