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2017 Supreme(Raj) 1489

NIRMALJIT KAUR
Peerchand Son of Lt. Udairaj – Appellant
Versus
Karni Singh Amrawat Son of Late Shri Baijdan – Respondent


Advocates Appeared:
For the Petitioner: Mr. Varun Goyal & Mr. Mahesh Khyani
For the Respondent: Mr. Manas Khatri for Mr. Hemant Jain and Mr. Mahaveer Singh.

ORDER :

NIRMALJIT KAUR, J.

1. All the above mentioned writ petitions are decided by this common order as the issue involved is identical.

2. The respondent/non-applicant filed a petition under Sections 9, 18 and 21 of the Rajasthan Rent Control Act, 2001 against the petitioner-tenant before the Rent Tribunal, Jodhpur Metropolitan. The petitioner-tenant filed his reply denying that the rent of the suit premises was Rs. 2,500/- per month and came with the case that the shop in dispute was taken on rent @ Rs. 5/- per month 60 years ago and the present rent was @ Rs. 95/- per month. The petitioner filed an application under Order 11 Rule 12 and 14 read with Section 151 of CPC stating that the entries regarding the receipt of the rent were taken away by the respondent-landlord and the same were lying in his power and possession, and therefore, sought direction for production of the same. The said application was dismissed vide order dated 04/07/2017. Thereafter, another application was moved under Section 65 of the Indian Evidence Act stating that the note book of the co-tenant in which entries regarding receipt of rent were made by the respondent-landlord was taken by him in the name of m

















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