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2018 Supreme(Raj) 253

NIRMALJIT KAUR
Suresh Chandra Tamboli S/o Shri Muthara Das Tamboli – Appellant
Versus
Legal Representatives of Haji Mushtaq Hussain – Respondent


Advocates Appeared:
For the Petitioner:Mr. J.L. Purohit, Sr. Advocate assisted by Mr. N.R. Budania
For the Respondents: Dr. Sachin Acharya

ORDER :

1. The present writ petition has been filed against the order dated 29.05.2014 passed by the Appellate Rent Tribunal, Udaipur vide which the appeal against the order of the Rent Tribunal, Udaipur dated 04.02.2009 was rejected.

2. The respondent – landlord filed an application under Section 9 of the Rajasthan Rent Control Act, 2001 against the petitioner – tenant for his eviction from the shop in dispute. The said application under Section 9 of the Act was allowed vide an ex parte judgment dated 04.02.2009. The petitioner preferred an application under Order 9 Rule 13 CPC for setting aside the ex parte judgment and decree before the Rent Tribunal, Udaipur. The Rent Tribunal, Udaipur dismissed the said application on 20.02.2010. The appeal against the order dated 20.02.2010 too was dismissed on 05.09.2011. The petitioner – tenant preferred a writ petition No.8615/2011 before this Court. The said writ petition came to be dismissed on 04.04.2014. After dismissal of the said writ petition, the petitioner filed a regular appeal challenging the order dated 04.02.2009 on merits. Along with the said appeal, an application under Section 27 of the Rajasthan Rent Control Act, 2001 and Se

























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