The Rajasthan Rent Control Act, 2001 MCQ Quiz - Objective Question with Answer for The Rajasthan Rent Control Act, 2001 - Download Free PDF

The correct answer is '90 days'

Key Points

• Time period for the certificate of recovery:
  • The certificate issued for the recovery of possession after the Rent Tribunal’s decision in an eviction case is not executable for 90 days from the date of the decision (Section 15(7)).
  • This period provides the tenant with a window to comply with the tribunal's decision or to appeal against it if they choose to do so.
  • It ensures a fair process and allows for any necessary legal proceedings to be initiated by the tenant.

Additional Information

• 30 days:
  • This period is too short and does not provide adequate time for the tenant to appeal against the tribunal's decision or make necessary arrangements.
  • It could lead to an unfair disadvantage to the tenant.
• 150 days:
  • This period is excessively long and can cause unnecessary delays in the execution of the tribunal's decision.
  • It could be detrimental to the landlord who is waiting to regain possession of their property.
• 180 days:
  • Similar to 150 days, this period is too extended and could lead to prolonged disputes and inconvenience for the property owner.
  • It does not align with the intent of providing a balanced and timely resolution process.

The correct answer is '90 days'

Key Points

• Disposal of a petition by the Rent Tribunal:
  • When a petition for the restoration of possession is filed, the Rent Tribunal is responsible for disposing of it after conducting a necessary summary inquiry.
  • As per Section 12(3), the Rent Tribunal must dispose of such a petition within a specified timeframe to ensure a swift resolution.
  • The stipulated duration for the Rent Tribunal to dispose of the petition is 90 days.

Additional Information

• Other timeframes explained:
  • 30 days:
    • This timeframe is too short for the Rent Tribunal to conduct a thorough summary inquiry and dispose of the petition. It is unrealistic given the procedural requirements.
  • 60 days:
    • Though shorter than 90 days, this period might still not be sufficient for the Rent Tribunal to address all aspects of the petition and ensure a fair decision.
  • 120 days:
    • This duration is longer than necessary and could delay the process, causing undue hardship to the petitioner seeking restoration of possession.

The correct answer is '45 days from the service of notice (Section 15(3))'

Key Points

• Eviction petition reply period:
  • In the context of an eviction petition, tenants are required to respond within a specified period as set out in the relevant legal provisions.
  • According to Section 15(3), tenants must submit their reply, affidavits, and documents within 45 days from the service of notice.
  • This timeline ensures that the legal process moves forward efficiently while providing tenants with sufficient time to prepare their defense.

Additional Information

• 30 days:
  • While 30 days might seem reasonable, it is not the period specified in Section 15(3) for eviction petitions.
  • A shorter period could potentially disadvantage tenants who need more time to gather necessary documents and prepare their affidavits.
• 45 days:
  • This is the correct answer as per Section 15(3).
  • Provides a balanced period for tenants to prepare their response adequately.
• 60 days:
  • 60 days is longer than the period specified in Section 15(3).
  • While it offers more time, the legal framework specifically limits the period to 45 days to ensure timely proceedings.
• 90 days:
  • 90 days is significantly longer than the allowed period and could lead to unnecessary delays in the eviction process.
  • The legal framework aims to balance tenant preparation time with the need for efficient legal proceedings.

The correct answer is '180 days'

Key Points

• Time period for Rent Tribunal to dispose of eviction petition:
  • According to Section 15(5), the Rent Tribunal is required to dispose of a petition for eviction within 180 days from the date of service of notice on the tenant.
  • This time frame ensures that the eviction process is expedited and tenants are not left in prolonged uncertainty.
  • The 180-day deadline aims to streamline the legal process and provide timely resolutions to disputes between landlords and tenants.

Additional Information

• Incorrect options:
  • 90 days: This option is incorrect as it suggests a shorter period than stipulated by law for the tribunal to make a decision.
  • 200 days: This option is incorrect as it suggests a longer period than what is legally required for the tribunal to dispose of the petition.
  • 240 days: This option is incorrect as it exceeds the time frame mandated by Section 15(5).
• Importance of adherence to the 180-day period:
  • Ensures efficiency in handling eviction cases.
  • Reduces backlog and delays in the judicial system.
  • Provides a clear timeline for both landlords and tenants, contributing to fairness and transparency in the legal process.

The correct answer is 'Section 14 of the Rajasthan Rent Control Act, 2001'

Key Points

• Section 14 of the Rajasthan Rent Control Act, 2001:
  • Section 14 specifically outlines the procedure for the revision of rent in the state of Rajasthan.
  • It provides a detailed framework that landlords and tenants must follow to legally revise the rent of a property.
  • This section ensures that the rent revision process is transparent, fair, and follows legal guidelines, protecting the interests of both parties.

Additional Information

• Section 11:
  • Section 11 does not pertain to rent revision. It generally deals with other aspects of the landlord-tenant relationship, such as the rights and duties of landlords and tenants.
• Section 13:
  • Section 13 typically addresses issues related to the eviction of tenants and the conditions under which eviction can be legally pursued by the landlord.
• Section 16:
  • Section 16 usually involves provisions related to the maintenance of property and obligations of landlords to keep the premises in good condition.

The correct answer is option 2.Key Points

• Section 25 of Rajasthan Rent Control Act 2001 deals with Inspection of premises.
• It says the landlord shall have a right to inspect the premises let out by him at day time after giving prior intimation of at least seven days to the tenant.
• However, such inspection shall not be carried out by the landlord more than once in three months.

The correct answer is option 3. Key Points

• Section 19 of Rajasthan Rent Control Act 2001 deals with Appellate Rent Tribunal, Appeals and limitation thereof.
• (1) The State Government shall constitute such number of Appellate Rent Tribunals and at such places as may be deemed necessary by it, by notification in the Official Gazette.
• (2) Where two or more Appellate Rent Tribunals are constituted for any area, the State Government may, by general or special order, regulate the distribution of business among them.
• (3) An Appellate Rent Tribunal shall consist of one person only (hereinafter referred to as the Presiding Officer of the Appellate Rent Tribunal) to be appointed by the High Court.
• (4) No person shall be eligible to be appointed as Presiding Officer of the Appellate Rent Tribunal unless he is a member of the District judge cadre Service having not less than three years experience as such.
• (5) Notwithstanding anything contained in sub-section (3), the High Court may authorise the Presiding Officer of one Appellate Rent Tribunal to discharge the functions of the Presiding Officer of the another Appellate Rent Tribunal also.
• (6) From every final order passed by the Rent Tribunal, an appeal shall lie to the Appellate Rent Tribunal, within the local limits of whose jurisdiction the premises is situated and such an appeal shall be filed within a period of sixty days from the date of final order alongwith copy of such final order.

The correct answer is option 3.Key Points

• Section 8 of Rajasthan Rent Control Act 2001 deals with Limited period tenancy.
• (l) A landlord may let out the premises for residential purposes for a limited period not exceeding three years.
• (2) In such cases the landlord and the proposed tenant shall submit a joint petition before the Rent Tribunal for permission to enter into the limited period tenancy and for grant of certificate for recovery of possession.
• (3) The rent tribunal shall grant permission immediately and issue certificate for recovery of possession of such premises executable on expiry of the period mentioned in the certificate. However, such permission shall not be granted for more than three times for the same premises:
  • Provided that the certificate for recovery of possession issued in this section shall lapse if petition for execution thereof has not been filed before the Tribunal within six months from the date such certificate becomes executable.

The correct option is The premises belonging to the Government company as defined under the Companies Act, 1956.

Key Points

• Section 3 of the Rajasthan Rent Control Act of 2001, the Chapter II and III thereof do not apply to:
  • (i) to the new premises built or completed after the commencement of this Act and let out through a registered deed in which date of completion of such premises is mentioned;
  • (ii) to the premises existing at the commencement of this Act, if let out after such commencement for a period of five years or more through a registered deed and tenancy is not terminable before expiry of its duration at the option of the landlord;
  • (iii) to any premises let out for residential purposes before or after the commencement of this Act, the monthly rent whereof is-
    • (a) rupees seven thousand or more, in the case of the premises situated in the municipal area of Jaipur city;
    • (b) rupees four thousand or more, in the case of premises let out at places situated in the municipal areas comprising the Divisional Headquarters, Jodhpur, Ajmer, Kota, Udaipur and Bikaner;
    • (c) rupees two thousand or more, in the case of premises let out at places situated in the other municipal areas to which this Act extends for the time being;
  • (iv) to any premises belonging to or let out by the Central Government or the State Government or a Local authority;
  • (v) to any premises belonging to or let out by any body corporate constituted by a central Act or a Rajasthan Act;
  • (vi) to any premises belonging to a Government Company as defined under section 617 of the Companies Act, 1956 (Central Act No. 43 of 1995);
  • (vii) to any premises belonging to the Devasthan Department of the State, Which are managed and controlled by the State Government or to any property of a Wakf, registered under Wakf Act, 1995 (Central Act No. 43 of 1995);
  • (viii) to any premises belonging to such religious, charitable or educational trust or class of such trusts as may be specified by the State Government by notification in the Official Gazette;
  • (ix) to any premises belonging to or vested in a University established by any law for the time being in force;
  • (x) to any premises let to banks, or any Public Sector Undertakings or any Corporation established by or under any Central or State Act, or multinational companies, and private limited companies or public limited companies having a paid up share capital of rupees one crore or more;
    • Explanation.- For the purpose of this clause the expression "bank" means,-
      • (i) the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act No. 23 of 1955);
      • (ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act No. 38 of 1959);
      • (iii) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act No. 5 of 1970) or under section 3 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 (Central Act No. 40 of 1980);
      • (iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (Central Act No. 2 of 1934);
  • (xi) to any premises let out to a citizen of a foreign country or to an Embassy, High Commission, Legation or other Body of a foreign State, or such international organization as may be specified by the State Government by notification in the Official Gazette.

The correct answer is Option 4.

Key Points According to Section 10 of the Rajasthan Rent Control Act, 2001, a landlord is entitled to immediate possession of a residential property if they file a petition with the Rent Tribunal within a specific time frame:

• Within one year before or after their retirement, release, or discharge from the armed forces or paramilitary forces
• Within one year before or after their retirement from a central, state, or local government job, or from a state-owned corporation
• More than three years after the property was let out, if they are a senior citizen 

The correct answer is option 1Key Points

• Section 15 of Rajasthan Rent Control Act, 2001 deals with Procedure for eviction of tenant.
• (1) The landlord or any person claiming possession shall file a petition before the Rent Tribunal and such petition shall be accompanied by affidavits and documents, if any, upon which landlord or person claiming possession wants to rely.
• sub section (5) says 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.

The correct answer is option 4.Key Points

• Section 2 (f) of Rajasthan Rent Control Act, 2001 deals with definition of Premises.
• "Premises" means:
  • Any land not being used for agricultural purposes; and
  • Any building or part of a building (other than a farm building) let or intended to belet for use as a residence or for commercial use or for any other purpose, including,:
    • The gardens, grounds, godowns, garages and out-houses, if any, appurtenant to such building or part,
    • Any furniture supplied by the landlord for use in such building or part,
    • Any fittings affixed to, and amenities provided in, such building or part for the more beneficial enjoyment thereof, and
    • Any land appurtenant to and let with any such building or part, but does not include a room or other accommodation in a hotel, dharamshala, inn, sarai, lodging house, boarding house or hostel;
  • Explanation:-In absence of a contract to the contrary, the top of the roof shall not form part of the premises let out to a tenant;

The correct answer is Option 3.

Key PointsSection 2(1)(i) of the Rajasthan Rent Control Act, 2001, "tenant" means-

• (i) the person by whom or on whose account or behalf rent is, or but for a contract express or implied, would be payable for any premises to his landlord including the person who is continuing in its possession after the termination of his tenancy otherwise than by an order or decree for eviction passed under the provisions of this Act; and
• (ii) in the event of death of the person referred to in sub-clause (i),-
  • (a) in case of premises let out for residential purposes, his surviving spouse, son, daughter, mother and father who had been ordinarily residing with him in such premises as member of his family up to his death;
  • (b) in case of premises let out for commercial or business purposes, his surviving spouse, son, daughter, mother and father who had been ordinarily carrying on business with him in such premises as member of his family up to his death

The correct answer is Option 4

Key Points Section 13 Constitution of Rent Tribunal.

• Rent Tribunals are established by the State Government as deemed necessary, with the number and locations specified through official notification.
• If multiple Rent Tribunals are established in an area, the State Government can regulate the allocation of cases among them through general or special orders.
• Each Rent Tribunal comprises a single individual, referred to as the Presiding Officer, who is appointed by the High Court.
• Eligibility for the position of Presiding Officer requires membership in the Rajasthan Judicial Service, specifically not below the rank of Civil Judge Senior Division.
• The High Court has the authority to authorize a Presiding Officer from one Rent Tribunal to fulfill the duties of another Rent Tribunal's Presiding Officer as well.

The correct answer is Option 2

Key Points

•  Within 240 days of the tenant's notice being served, the petition must be resolved.
• According to Section 15(5) of the Rajasthan Rent Control Act, 2001, After that, the Rent Tribunal will schedule a hearing, which cannot be scheduled more than 180 days after the tenant was served with notice. After the tenant is served with notice, the petition must be resolved within two hundred and forty days.
•  Section 15 of the Rajasthan Rent Control Act, 2001, provides the Process for tenant eviction.
• Section 15(1) of the Rajasthan Rent Control Act, 2001, The person claiming possession or the landlord must file a petition with the Rent Tribunal. The petition must include any supporting documentation, such as affidavits, that the person claiming possession or the landlord wishes to rely on. 
• Section 15(2) of the Rajasthan Rent Control Act, 2001, Following the filing of a petition under subsection (1), the Rent Tribunal will issue a notice accompanied by copies of the petition, affidavits, and any supporting documentation. The notice will specify a date for the tenant to submit a reply accompanied by supporting documentation, if any, that the tenant relies on. The deadline for this notice will not be later than thirty days. Notice may be served by registered mail with acknowledgement due, or by the Tribunal's or civil court's process server. Any of these techniques of properly serving notice will be accepted as sufficient service.
• Section 15(3) of the Rajasthan Rent Control Act, 2001, After serving copies of the documents to the petitioner, the tenant has 45 days from the date of notice delivery to provide his reply, affidavits, and supporting documentation.
• Section 15(4) of the Rajasthan Rent Control Act, 2001,After serving a copy of the reply to the other party, the petitioner has thirty days from the date of service to file any rebuttal. 
• Section 15(5) of the Rajasthan Rent Control Act, 2001, After that, the Rent Tribunal will schedule a hearing, which cannot be scheduled more than 180 days after the tenant was served with notice. After the tenant is served with notice, the petition must be resolved within two hundred and forty days.
• Section 15(6) of the Rajasthan Rent Control Act, 2001,During the hearing, the Rent Tribunal has the authority to make any required brief inquiries and make a decision about the petition. Additionally, the Rent Tribunal may attempt to mediate or settle a disagreement between the parties.
• Section 15(7) of the Rajasthan Rent Control Act, 2001,In the event that the Rent Tribunal rules in the landlord's favor, a certificate authorizing the landlord to reclaim possession from the tenant will be issued. 
• Section 15(8) of the Rajasthan Rent Control Act, 2001,Three months after the judgment date, the certificate granted under subsection (7) will not be enforceable.
  [Saying that such a certificate should not be executable for a period of six months from the date of the judgment in the case of premises hired out for commercial use]