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2009 Supreme(Raj) 1519

A.M.KAPADIA, SANGEET LODHA
Arun Kumar – Appellant
Versus
Ganga Shanker Solanki – Respondent


Advocates:
For the Appellants:Kailash Trivedi, Advocate.
For the Respondents:Gordhan Lohar, Advocate.

JUDGMENT

1. - Heard learned counsel for the parties.This appeal is directed against the order dated 10.7.08 passed by the learned Single Judge, whereby the writ petition preferred by the writ petitioner, respondent No. 1 herein, assailing the validity of order dated 15.3.08 passed by the Rent Tribunal,Jodhpur in Rent Petition No. 250/07 has been dismissed.

2. The relevant facts in nutshell are that the respondent No. 1- landlord preferred a petition against the appellant-tenant under the provisions of Section 9 of the Rajasthan Rent Control Act, 2001( in short "the Act of 2001" hereinafter) for his eviction from the suit premises. A notice issued by the tribunal was served upon the appellants on 21.9.07. In pursuance thereof, the counsel for the appellants appeared before the learned tribunal on the next date fixed in the matter i.e. 25.10.07 and filed the power on their behalf. A reply to the petition was filed on behalf of the appellants on 13.3.08 alongwith an application for condonation of delay. In application preferred,the appellants had taken the stand that the reply could not be filed within the time stipulated u/s 15 (3) of the Act of 2001 on account of illness of son of no












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