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2013 Supreme(Raj) 890

MOHAMMAD RAFIQ
Sanwar Lal Rai – Appellant
Versus
Appellate Rent Tribunal, Jaipur – Respondent


For the Petitioner:Shri V.L. Mathur with Shri Amit Dhawan, Advocates.
For the Respondents:Shri Anil Mehta, Advocate.

JUDGMENT :

1. 1. This writ petition has been filed by petitioner-Sanwar Lal Rai challenging the judgement of Rent Appellate Tribunal dated 8.3.2011 and seeking restoration of the order of the Rent Tribunal dated 7.10.2010. The Rent Tribunal in the first order allowed the eviction petition filed by the petitioner-landlord under Section 10(1)(c) of the Rent Control Act, 2001 and directed the respondent-tenant to vacate the flat No. 4/476 SF, Jawahar Nagar, Jaipur and further directed that the tenant shall be liable to pay a sum of Rs. 1,00,800 as arrears and Rs. 2,800/- as mesne profit. If the tenant fails to vacate the premises within three months, the petitioner would be entitled to charge a sum of Rs. 5,600 per month. The respondent-tenant filed appeal before the Appellate Rent Tribunal, which set aside the judgement of the Rent Tribunal and dismissed the eviction petition filed by the petitioner.

2. The eviction petition was filed by the petitioner on the ground contained in Section 10(1)(c) of the Rent Control Act, 2001 which entitles a senior citizen to recover immediate possession on such ground, provided the petition is filed after expiry of three years from the date of



















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