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2022 Supreme(Raj) 668

VIJAY BISHNOI
Ashok Chouhan S/o Shankar Lal Chouhan – Appellant
Versus
Ganpati Plaza, Registered Partnership (Firm Registration No. 17/26/52/2006) Through Partner Mohan Lal S/o Ramchand Makhija – Respondent


Advocates appeared:
For the Petitioner: Mr Joga Ram Patel, Mr Kuldeep Singh Solanki
For the Respondent: Mr Deelip Kawadia

JUDGMENT :

1. This writ petition is filed by the petitioner being aggrieved with the judgment dated 05.01.2021 passed by the Appellate Rent Tribunal, Udaipur (hereinafter to be referred as ‘the Appellate Tribunal’), whereby the appeal preferred on behalf of respondent has been allowed and the judgment dated 24.07.2019 passed by the Additional Chief Judicial Magistrate (Rent Tribunal) Udaipur (hereinafter to be referred as ‘the Rent Tribunal’) has been set aside and the petitioner has been directed to vacate the premises in question within a period of six months from the date of passing of the impugned order.

2. Brief facts of the case are that the respondent preferred an application under Section 9(a)(i)(m) of Rajasthan Rent Control Act, 2001 (hereinafter to be referred as ‘the Act of 2001’) against the petitioner seeking eviction from a shop situated in a building at 15, Residency Road, Udaipur. The said application was filed on the ground of default in making payment of rent as well as of bonafide necessity.

3. It was contended on behalf of the respondent that it purchased a building situated at 15 Residency Road, District Udaipur from the erstwhile owner on 17.08.2002 and in that b

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