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2023 Supreme(Raj) 589

PUSHPENDRA SINGH BHATI
Mohd. Umar, S/o. Late Shri Natthu Ji – Appellant
Versus
Altaf Hussain, S/o. Shri Mohd. Hussain – Respondent


Advocates Appeared:
For the Petitioners: Mr. R.K. Thanvi, assisted by Mr. Surendra Thanvi.
For the Respondents: Mr. O.P. Mehta.

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 origin

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