2013 Supreme(Raj) 725
VINEET KOTHARI
Raisa : Mohammad Farukh – Appellant
Versus
Gulam Rasul – Respondent
Advocates:
For the Petitioner in CWP No. 1604/2012:Mr. Moti Singh, Advocate.
For the Petitioners/tenants in CWP No. 2743/2011: None.
For the Respondent-landlord:Mr. O.P. Mehta, Advocate.
JUDGMENT :
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 t
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