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2022 Supreme(Raj) 1112

MAHENDAR KUMAR GOYAL
Mojika Real Estate And Developer Private Limited – Appellant
Versus
Jaipur Builders Llp – Respondent


Advocates appeared:
Mr. R.N. Mathur, Sr. Adv. With Mr. Nitish Kumar Bagri, Mr. Hariom Vyas, Ms. Shretima Bagri & Mr. Jitendra Singh Jhala, Advocates., for the Petitioner
Mr. G.P. Sharma with Mr. Mahesh Chand Gupta, Advocates., for the Respondent

JUDGMENT

1. This writ petition under Article 227 of the Constitution of India assails the legality and validity of the judgement dated 05.08.2022 passed by learned Appellate Rent Tribunal, Jaipur Metropolitan-I dismissing the Civil First Appeal No.81/2019 preferred by the petitioner/non-applicant/tenant (for brevity, "the tenant") against the final order dated 03.04.2019 passed by learned Rent Tribunal, Jaipur Metropolitan (Senior Civil Judge No.5, Jaipur Metropolitan) allowing the Original Application No.256/2017 filed by the respondent/applicant/landlord (for brevity, "the landlord") seeking eviction of the tenant from the suit premises.

2. The relevant facts in brief are that the landlord filed an application under Sections 9 and 18 read with Section 21 of the Rajasthan Rent Control Act, 2001 (for brevity, "the Act of 2001") seeking eviction of the tenant from the suit premises comprising of Office Nos.704, 705 & 706 in Kailash Tower, Lal Kothi, Tonk Road, Jaipur on the ground of default in payment of rent. In its reply, the tenant raised an objection inter alia as to maintainability of the Original Application before the learned Rent Tribunal in view of existence of an arbitratio

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