The court emphasized the landlord's bonafide need and the petitioners' false claims, and upheld the eviction decree based on the findings of facts of bonafide need of the landlord.

1. 1. This order would dispose of the two writ petitions filed by the petitioner, Smt. Raisa D/o Mohammad Ismail (CW No. 1604/12) and the petitioners, namely, Mohammad Farukh and Mohammad Harun both sons of late Mohammad Ismail (CW No. 2743/11) against the landlord, Gulam Rasul, against the concurrent decree of eviction on the ground of bonafide need of the landord.

2. The petitioners, Smt. Raisa D/o Mohammad Ismail, Mohammad Farukh and Mohammad Harun, both sons of Mohammad Ismail, are the real sister and brothers, against whom the plaintifflandlord, namely, Gulam Rasul filed Eviction Petition No. 116/2008 before the learned Rent Tribunal, Jodhpur, which came to be allowed and eviction decree was passed in favour of respondent-landlord, inter-alia, on the ground of bonafide necessity of the landlord on 21.05.2009. While passing the eviction decree on 21.05.2009, learned Rent Tribunal held that the defendant No. 3, Smt. Raisa D/o Mohammad Ismail, sister of these two brothers, Mohammad Farukh and Mohammad Harun, was not the tenant in the suit premises a small residential house, situated at "Chhipa-Basti", Khanda-Falsa, in the street near Rajasthan Amplifiers, Jodhpur; and therefore, while dismissing the eviction petition qua her, decreed the suit and eviction decree was granted against the two brothers i.e. defendants, Mohammad Farukh and Mohammad Harun on 21.05.2009.

3. An appeal against the said eviction decree was, therefore, preferred by these two brothers under Section 19 of the Rajasthan Rent Control Act, 2001, (for short, hereinafter referred to as 'Act of 2001') which also came to be dismissed by the learned Appellate Rent Tribunal, Jodhpur on 03.03.2011. Since the eviction decree was passed passed by the Rent Tribunal exparte, an application under Order 9 Rule 13 CPC for setting aside the exparte proceedings was also filed by these two brothers but that application too was dismissed by the learned Rent Tribunal vide order dated 01.02.2011, and thus both the eviction decree dated 21.05.2009 as well as the order dated 01.02.2011, were challenged before the learned Appellate Rent Tribunal, which appeal came to be dismissed vide the order dated 03.03.2011 of the Appellate Rent Tribunal.

4. The execution proceedings were filed by the landlord being Execution Case No. 32/09-Gulam Rasul v. Mohammad Farukh & Anr. , in which the Smt. Raisa (Petitioner in CW No. 1604/2012) filed objections, and the said objections also came to be rejected by the learned Executing Court by the impugned order dated 01.02.2012 (Annex.4 in CW No. 1604/12). Being aggrieved by the said order dated 01.02.2012, Smt. Raisa has filed the present writ petition before this Court being SBCWP No. 1604/12 on 24.02.2012, in which a coordinate bench of this Court vide order dated 28.02.2012 while issuing notices to the respondents granted interim relief in her favour; whereas the two brothers, namely, Mohammad Farukh and Mohammad Harun filed the connected writ petition being SBCWP No. 2743/11, aggrieved by concurrent eviction decree dated 21.05.2009, order dated 01.02.2011 rejecting their application under Order 9 Rule 13 CPC, and the Appellate Rent Tribunal's order dated 03.03.2011.

5. It also appears from the record that in Execution Case No. 32/2009 on 25.02.2012, the Court Commissioner, Mr. Manoj Gehlot, Advocate after some resistance by the judgment-debtors (Mohammad Farukh and Mohammad Harun) and Objector (Smt. Raisa), the possession of the suit premises was handed over to the landlord on 25.02.2012 with the police aid. Thereafter the petitioner, Smt. Raisa forcibly re-entered into the suit premises and, therefore, in CW No. 1604/12, the landlord-respondent being a law abiding person, filed an Interlocutory Application (IA No. 3312/12) on 12.03.2012 seeking repossession of the suit premises, to which a detailed reply and rejoinder have been filed by the parties and an FIR was also filed by the landlord being FIR No. 28 dated 01.03.2012 in Police Sta