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2020 Supreme(Raj) 549

MAHENDAR KUMAR GOYAL
Mohammed Yakub – Appellant
Versus
Abdul Rauf – Respondent


Advocates Appeared:
Sehban Naqvi, Advocate, Manak Chand Jain, Advocate

JUDGMENT

Mahendar Kumar Goyal, J. - Under challenge in this writ petition is the order dated 20.04.2019 whereby, the learned Rent Tribunal, Jaipur has dismissed the application filed by the petitioner-non-applicant under Sections 45 and 73 of the Indian Evidence Act, 1872 (hereinafter referred to as "the Act").

2. The facts in brief are that the respondent-applicant filed an eviction application in the year 2015 against the petitioner on the grounds of bonafide necessity, default in payment of rent and nuisance. In the reply filed by the petitioner to the application, he relied upon an agreement to sell dated 22.09.2015 allegedly executed by the respondent in his favour and a rent receipt dated 10.03.2003 to show rate of rent to be Rs. 500/- per month instead of Rs. 3,200/- per month as claimed by the respondent. The respondent in his rejoinder filed on 07.04.2016, categorically denied execution of any agreement to sell dated 22.09.2015 in favour of the petitioner as well as execution of the rent receipt dated 10.03.2003 and claimed both to be forged. After closure of the respondent's evidence, the petitioner moved an application under Sections 45 and 73 of the Act of 1872 praying t

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