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2014 Supreme(Raj) 2087

ALOK SHARMA
Shankar Lal Chaurasiya – Appellant
Versus
Mohan Lal – Respondent


Advocates:
For the Petitioner-applicant-landlord -:Mr. D.K. Srivastava, Advocate.

JUDGMENT

1. - This petition under Article 227 of the Constitution of India impugns the judgment dated 26.09.2014, passed by the Appellate Rent Tribunal, Kota concurring with the Rent Tribunal's judgment dated 12.12.2012 dismissing the petitioner-landlord-applicant's (hereinafter "the applicant") eviction petition under Section 9(a) of the Rajasthan Rent Control Act, 2001 (hereinafter 'the Act of 2001').

2. The applicant sought eviction of the respondent-non-applicant purportedly the tenant (hereinafter `the non-applicant') from the tenanted premises described in the petition. It was the case of the applicant that the non-applicant had been his tenant since June, 2003 @ Rs. 350/- pm, but in default on the payment of due rent since July, 2007 in spite of a registered notice as mandated under the proviso to Section 9(a) of the Act of 2001 sent on 01.04.2008 by the applicant's counsel. It was alleged that in the circumstances, the non-applicant being in default of payment of rent in terms of Section 9(a) of the Act of 2001, was liable to be evicted from the premises in issue. A certificate of possession in the circumstances was sought by the applicant. The applicant further alleged that












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