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2013 Supreme(Raj) 373

ALOK SHARMA
Govind Saini – Appellant
Versus
Prabhu Dayal – Respondent


Advocates Appeared
S.R. Surana, Sr. Advocate with M.C. Jain, for Petitioner;
R.K. Agrawal, Sr. Advocate with C.P. Sharma, for Respondents

Hon'ble SHARMA, J.—In this petition purporting to be one under Articles 226 and 227 of the Constitution of India, but fundamentally one under Article 227 of the Constitution of India a challenge has been made to the order dated 20.11.2013 passed by the Appellate Rent Tribunal, Jaipur affirming the order dated 11.11.2013 passed by the Rent Tribunal, Jaipur (hereinafter 'the Tribunal') as the executing court) dismissing the petitioner-Objector's (hereinafter 'the objector') application under Order XXI Rule 97 CPC against the execution of a certificate of possession issued by the Rent Tribunal, Jaipur in Eviction petition No.619/2010 on 28.2.2011 in a case titled Prabhudayal vs. Veerdev Sharma.

2. The background facts of the case are that the respondent-plaintiff (hereinafter 'the plaintiff') filed an eviction petition No.619/2010 against one Veerdev Sharma, now deceased and represented by his legal representatives impleaded in this petition as respondents-defendants (hereinafter 'the defendants'). Ground agitated in support thereof were bonafide and reasonable necessity of the plaintiff for the tenanted shop, as also subletting as the defendant was stated to have sub-let the tenanted








































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