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2013 Supreme(Raj) 482

P.K.LOHRA
Om Veer Singh Chauhan – Appellant
Versus
learned Presiding Officer, learned Rent Tribunal Udaiur – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vijay Purohit for Dr. Sachin Acharya, Advocates.
For the Respondent:Mr. Jogaram Patel and Mr. Rajat Dave, Advocates.

JUDGMENT :

P.K. Lohra, J.

By the instant writ petition, the petitioner-objector has called in question the impugned order dated 4th May, 2012 passed by the learned Appellate Rent Tribunal, Udaipur, whereby the learned Tribunal has affirmed the order passed by the learned Rent Tribunal, Udaipur dated 10th May, 2010 rejecting his objections under Order 21 Rule 97 Civil Procedure Code.

2. The brief facts of the case giving rise to this writ petition are that the petitioner, while claiming his possession on a property situated at 75, Sai Niwas, Nav Ghat, Udaipur (for short hereinafter referred to as "the property in question"), on the strength of agreement to sale executed by Shri S.K. Singh, husband of Smt. Gayatri Singh - respondent No.3, in the capacity of her power of attorney holder, laid an application under Order 21 Rule 97 Civil Procedure Code to oppose the execution of the decree of eviction for the property in question. In his application, under Order 21 Rule 97 Civil Procedure Code, the petitioner-objector has, inter alia, averred that the execution of the decree passed in favour of third respondent-landlord, Gyatri Devi, and against the alleged tenant, Rajendra Singh, is found














































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