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2017 Supreme(Raj) 94

MOHAMMAD RAFIQ
Ladoo Lal Jain (deceased) through his legal heirs Prem Bai Wd/o late Ladoo Lal Jain – Appellant
Versus
Kailash Bai W/o Shri Bhanwar Lal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ravi Kumar Kasliwal.
For the Respondent: Mr. Carn Bhatnagar.

ORDER :

1. This writ petition has been filed by seven petitioners, who are all legal heirs of Ladoo Lal Jain, original tenant in the premise of landlord-respondent Smt. Kailash Bai. The respondent-landlord (for short, 'the landlord') filed a petition for eviction of the tenant under Section 9 of the Rajasthan Rent Control Act, 2001 before the Rent Tribunal, Kota, praying for eviction of the petitioners-tenant on the ground of default and reasonable bona-fide necessity. The Rent Tribunal, by judgment dated 18.02.2011 allowed the petition for eviction on both the counts. The petitioners-tenant filed appeal against the aforesaid judgment before the Appellate Rent Tribunal, Kota, which also came to be dismissed vide judgment dated 28.10.2015. Hence this writ petition.

2. Mr. Ravi Kumar Kasliwal, learned counsel for petitioners-tenant, has argued that both the Tribunals have erred in law in holding that the petitioners-tenant failed to deposit the rent in time and therefore committed default. The respondent-landlord served the notice on the petitioners-tenant on 27.04.2007 intimating the bank account number therein and at that time, the rent of only 26 days was due. The requirement of Sec















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