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2021 Supreme(Raj) 193

DINESH MEHTA
Mahaveer International Apex, Having Its Address At S-10, 2Nd Floor, Janta Colony, Jaipur (Rajasthan) Through Its International President Mr. S. k. Jain – Appellant
Versus
Mahaveer International Association, Jaipur Center Having Its Registered Office At S-10, Janta Colony, Jaipur (Rajasthan) Through Its President Mr. Subhash Golcha – Respondent


Advocates Appeared:
For the Petitioners: Ms. Sukriti Kasliwal
For the Respondents: Mr. Suresh Sahni with Mr. Ram Mohan Sharma Mr. Manendra Singh Solanki

ORDER :

1. Instant writ petition lays challenge to an order dated 11.08.2021 passed by the Presiding Officer, Rent Tribunal No.2, Jaipur Metropolitan, Jaipur (hereinafter referred to as the ‘Rent Tribunal’).

2. The facts lie in a very narrow compass; which are noted hereinbelow :

    (i) The respondent – landlord demised the property situated at S-10 Janta Colony, Jaipur (hereinafter referred to as ‘demised property’) on 11 years of lease w.e.f. 01.01.2009.

(ii) On completion of lease period, the respondent – landlord issued a notice dated 04.02.2020, requiring the tenant – petitioner to hand over the possession.

(iii) When the tenant (petitioner herein) did not hand over the possession of the demised property, the landlord (respondent herein) filed an original application under section 18 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as the ‘Act of 2001’) before the Rent Tribunal, Jaipur, seeking eviction of the petitioner from the demised property inter alia stating that the period of lease has expired.

(iv) The petitioner filed an application on 05.04.2021 under section 18 of the Act of 2001 and contended that petition in question is not maintainable, as the ground on w

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