JUDGMENT :

1. This writ petition under Article 227 of the Constitution of India has been preferred seeking the following reliefs:

“It is therefore, respectfully prayed that this Hon’ble Court may by allowing this writ petition be pleased to issue a writ of certiorari or any other appropriate writ, order or direction:-

(i) quash the impugned judgment and certificate dated 28.06.2022 (Annexure-8) passed by the Learned Appellate Rent Tribunal, Jodhpur in Rent Appeal No. 61/2019 (NCV No. 61/2019)

(ii) the judgment and certificate dated 13.08.2019 (Annexure-6) passed by the learned Rent Tribunal, Jodhpur in original application no. 38/2012 (Old No. 51/2005) be restored back throughout; and

(iii) the original eviction petition filed by the respondents against the petitioners under the provisions of Section 9 of the Rent Control Act, 2001 may be dismissed with costs throughout; and

(iv) any other appropriate relief which this Hon’ble Court deems fit necessary in the fact and circumstances of the present case be granted in favour of the petitioners; and

(v) Cost of the writ petition kindly ordered to be awarded to the petitioners.”

2. As per the pleaded facts, the respondents filed an original rent petition before the learned Rent Tribunal, Jodhpur Metropolitan [registered as Petition No.38/2012 (old No.51/05) NCV No.1575/2014] under Section 9 of the Rajasthan Rent Control Act, 2001 for eviction of petitioners from the House No.9/3/6, near Vyapariyon Ki Maszid, (originally belonging to one Rahim Bux) being let-out to Smt. Bashiran in the year 1979, and later on to the petitioners [Smt. Zarina (niece) and her husband who came to live with her in the said house), on a monthly rent of Rs.500/-by the father of the respondents during his lifetime.

2.1. After death of the respondents’ father, the petitioners paid rent till October 2002, however, no rent was paid thereafter for 4 months; legal notice was served with regard to the same to petitioner no.1, but it was refuted through a detailed reply by the petitioners by claiming possession of the suit property as its owner.

2.2. Thereafter, the learned Rent Tribunal after considering the evidence and material produced on record by the parties, held, vide judgment and certificate dated 13.08.2019, that there existed no landlord-tenant relationship between the petitioners and the respondents, and hence, rejected the eviction petition filed by the respondents. Aggrieved by the said judgment, the respondents preferred an appeal under Section 19 (6) of the Rajasthan Rent Control Act, 2001 before the learned Appellate Rent Tribunal, Jodhpur Metropolitan (registered as Rent Appeal No.61/2019 NCV No.61/2019) and the same was allowed vide the impugned judgment and certificate dated 28.06.2022, while quashing and setting aside the aforementioned judgment and certificate passed by the learned Rent Tribunal. Hence, the present petition has been preferred claiming the afore-quoted reliefs.

3. Mr. R.K. Thanvi, learned Senior Counsel assisted by Mr.Surendra Thanvi, appearing on behalf of the petitioners submitted that there was no landlord-tenant relationship between the petitioners and respondents. It was further submitted that the respondents had been unable to prove the existence of any rent agreement between the parties nor were they able to showcase any receipt towards payment of rent. In furtherance, it was submitted that even the learned Rent Tribunal after a careful consideration held vide judgment and certificate dated 13.08.2019 that there exists no landlord-tenant relationship between the parties.

3.1. It was also submitted that the petitioners had been living in the suit property for past 24 years; not only that, the petitioner no. 2 was a resident of the suit property since her birth itself, and thus, they were owners of the suit property by adverse possession.

3.2. It was further submitted that the suit property had been purchased by Rahim Bux but as his sister Shahida became widow at an ea