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2022 Supreme(Raj) 2821

MAHENDAR KUMAR GOYAL
Geeta Kanwar W/o Late Shri Govind Dan Barethe – Appellant
Versus
Munni Begam W/o Late Shri Munner Khan – Respondent


Advocates Appeared:
Mr. Abhishek B Sharma for Mr. Naeem Uddin Aqil, for the Appellant

ORDER

1. This writ petition has been filed under Article 227 of the Constitution of India assailing the judgment dated 21.05.2019 passed by the learned Appellate Rent Tribunal, Jaipur, in Civil Appeal No.83/17 whereby, while partly allowing the appeal preferred by the respondents/tenants against the final order dated 24.01.2017 passed by learned Rent Tribunal No.1, Jaipur (Additional Senior Civil Judge No.1, Jaipur Metropolitan) in original application No.146/2004 whereby, the application filed by the petitioner/ landlord under Section 9 of the Rajasthan Rent Control Act, 2001 (for brevity ’the Act of 2001’), was partly allowed and recovery certificate was issued for default in payment of rent, the findings on issue no.1 have been reversed.

2. The relevant facts in brief are that the petitioner filed an application under Section 9 of the Act of 2001 against the respondents seeking their eviction from the suit premises comprising a house survey No.27, Naagtlai Kacchi Basti, New Ananj Mandi, Surajpole, Jaipur on the grounds of default in payment of rent, parting with possession for consideration and material alteration. The application was allowed by the learned Rent Tribunal, Jaipur v

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