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2023 Supreme(Raj) 84

SAMEER JAIN
Hemlata Baxi W/o Shri Prakash Chandra Baxi – Appellant
Versus
Kusum Gupta W/o Late Shri R. V. Gupta – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ashok Mehta, Sr. Adv. assisted by Mr. Mudit Singhvi & Ms. Priya Khushalani
For the Respondent: Mr. R.K. Agarwal, Sr. Adv. assisted by Mr. Adhiraj Modi

ORDER :

1. Instant writ petition has been filed under Article 227 of the Constitution of India against the order dated 12.05.2016 passed by Presiding Officer, Appellate Rent Tribunal, Jaipur Metropolitan in Appeal No. 119/2015 titled as Hemlata Baxi vs. Kusum Gupta, whereby the learned Appellate Rent Tribunal upheld the findings arrived at by the learned Rent Tribunal, Jaipur Metropolitan, Jaipur in the Original Petition No. 61/2010 vide order dated 03.08.2015 and allowed the eviction petition filed under Section 9 of the Rajasthan Rent Control Act, 2001 in favour of the present respondent.

2. The relevant facts, necessary for the just and efficacious disposal of the instant matter, are as follows:

2.1 That Sh. R.V. Gupta, (late) husband of the present respondent, constructed several shops on Plot No. 32 in Arjunlal Sethi Colony, Jaipur. Out of the shops so constructed, Shop Nos. 32(1), 32(3), 32(4) and 32(5) were given on rent to the present petitioner vide agreement dated 01.03.1991 for the latter’s business requirement to warehouse industrial chemicals under the name and style M/s Bakshi Chemicals, at a rental consideration of Rs. 1,750/- per month.

2.2 Thereafter, the present respo

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