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2015 Supreme(Raj) 1797

MOHAMMAD RAFIQ
Transport Corporation of India – Appellant
Versus
Kushal Chand – Respondent


Advocates:
For the Petitioners: G.P. Sharma with M.C. Gupta, Counsels.
For the Respondent: J.C. Jain with Akash Gupta and Sonu Agarwal, Counsels.

JUDGMENT :

1. Transport Corporation of India, petitioner herein, has approached this court assailing judgment dated 14.07.2011 passed by learned Rent Tribunal, Ajmer, in Original Application No.111/2007 and judgment dated 18.06.2014 passed by learned Appellate Rent Tribunal in Rent Appeal No.21/2011. The Rent Tribunal, by aforesaid judgment directed eviction of tenant-petitioners from the rented premise of landlord-respondent. The Appellate Rent Tribunal, while dismissing appeal of tenant-petitioners, upheld judgment of the Rent Tribunal.

2. Landlord-respondent filed Original Application on 05.07.2007 under Sections 3(10) and 18 of the Rajasthan Rent Control Act, 2001 before the Rent Tribunal, Ajmer, against tenant-petitioners contending that since tenant-petitioner - Transport Corporation of India (hereinafter referred to as 'tenant-petitioner') is having paid up capital of more than one crore, it could be evicted from the rented premise on determination of tenancy after serving notice under Section 106 of the Transport of Property Act, 1882 (for short, 'the TP Act'). Landlord-respondent served notice under Section 106 of the TP Act on tenant-petitioner and thus determined the contr


















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