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2021 Supreme(Raj) 169

VIJAY BISHNOI
Dharam Singh Suhalka S/o Fatehlal Suhalka – Appellant
Versus
Saifuddin Mohd. Kaji S/o Haji Mohd. Kaji, Oasis Park, Ambavgarh, Udaipur, Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sajjan Singh Rajpurohit, Mr. Rajat Rajpurohit
For the Respondent: Mr. Rajesh Joshi, Mr. Harshit Bhurani

JUDGMENT :

1. This writ petition under Article 227 of the Constitution of India has been preferred on behalf of the petitioner challenging the judgment dated 4.3.2020 passed by the Rent Appellate Tribunal, Udaipur (for short ‘the Appellate Tribunal’) whereby, the appeal filed by the petitioner has been dismissed. The said appeal was preferred against the judgment and certificate for recovery of possession dated 28.4.2017 passed by the Rent Tribunal, Udaipur (for short ‘the Rent Tribunal’) in Case No.378/2014, which is also under challenge.

2. Brief facts of the case are that the respondent has filed an application under Section 3 (III) (b) read with Section 18 of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) seeking eviction of the petitioner from the premises located at Flat No.302, Third Floor, Oasis Park, 40 Ambavgarh, Udaipur (for short ‘the rented premises’). As per the eviction petition, the rented premises was let out to the petitioner initially on 6.10.2008 for a period of one year through a rent deed. The said tenancy was extended up to 2011 through rent deeds for a period of one year each and lastly the rented premises was let out to the petitioner for

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