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2015 Supreme(Raj) 367

MOHAMMAD RAFIQ
NAIMUZZAMA KHAN – Appellant
Versus
SHAUKAT ALI(DECEASED) THROUGH HIS LEGAL REPRESENTATIVES – Respondent


Advocates Appeared:
Mr. Ravi Kumar Kasliwal, for the petitioner-tenant
Mr. Sajid Ali, for the respondents-landlords

ORDER

Since both these writ petition arise out of one and same Appeal No. 245/2014(Old No. 159/07) filed before the Rent Appellate Tribunal, Kota (for short 'the Rent Appellate Tribunal), therefore, they were heard together and are being decided by this common order.

2. Writ Petition No. 5354/2015 has been filed by Naimuzzama Khan, tenant(hereinafter referred to as 'the tenant') challenging order dated 02.03.2015 passed by the Rent Appellate Tribunal to the extent it is against him. Similarly, Writ Petition No. 6186/2015 has been filed by Shokat Ali(deceased) through his legal heirs(hereinafter referred to as 'the landlord') challenging the same order, i.e., 02.03.2015 passed by the Rent Appellate Tribunal to the extent it is against them.

3. The landlord filed a suit for eviction before the Rent Tribunal, Kota(for short 'the Rent Tribunal') on the ground of bonafide necessity and material alteration against the tenant which application was allowed by the Rent Tribunal vide order dated 03.10.2007. The tenant being aggrieved thereby filed appeal before the Rent Appellate Tribunal, which is still pending.

4. During pendency of the appeal, the tenant came to know that another suit fi




















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