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2023 Supreme(Raj) 477

NUPUR BHATI
Mahaveer Prasad S/o. Shri Kesari Mal Jhanwar – Appellant
Versus
Rent Tribunal, Bhilwara – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vishwajeet Singh Ranawat.
For the Respondent: Mr. Suresh Shrimali.

JUDGMENT :

1. The present writ petition has been filed under Article 226 & 227 of the Constitution of India by the petitioner seeking for the following reliefs :-

    (i) The impugned order dated 06.08.2018 (Annex.7) passed by the learned Rent Tribunal, Bhilwara may kindly be quashed and set aside.

(ii) The application under Section 20 of the Rajasthan Rent Control Act, 2001 filed the respondent no.2 may kindly be ordered to be dismissed.

2. The facts of the case in brief are that on 30.11.2007 respondent no.2/landlord filed an application under Section 9(A) (J) & (L) of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as the ‘Act of 2001’) before the learned Rent Tribunal, Bhilwara stating inter alia that his commercial property i.e. Godown No. 33 was on rent @ Rs.2420/-per month with the petitioner/tenant, of which, respondent no.2/landlord is in bonafide need whereas the petitioner/tenant is not in need of the godown as he has put lock on the godown. For the last 15 months, the petitioner is neither taking any use of the rented property nor is paying rent. The rent of 30 months is due against the petitioner/tenant and despite giving notice neither the petitioner is paying r

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