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2022 Supreme(Raj) 2895

DINESH MEHTA
Central Modern Education Society (registered) – Appellant
Versus
Sneh Tomar W/o Col. Retd. Narendra Singh Tomar – Respondent


Advocates Appeared:
Mr. Cs Kotwani, Ms. Swati Shekhar, for the Appellant; Mr. Manish Patel, Mr. Ashok Patel, for the Respondent

ORDER

1. By way of the present writ petition, petitioners have challenged the order dated 25.01.2022, vide which an application dated 21.01.2022, filed by the petitioners under Section 21 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as the ’Act of 2001’), has been rejected.

2. The facts appertain for the present purposes are that the respondent had filed an original petition under Section 9 (a) of the Act of 2001, seeking eviction of present petitioners on the grounds raised therein.

3. Indisputably, the respondent No.1 had showed himself to be landlord in relation to the demised premises while filing original petition, that was filed in the year 2016.

4. When the petition in question reached at the stage of final arguments, an application dated 21.01.2022 came to be moved by the present petitioners/tenants, inter alia, asserting that the original petitioner- Narpat Singh is not landlord, inasmuch as, he had gifted the property in question to one Manju Choudhary vide registered gift deed dated 28.09.2012.

5. The trial Court rejected petitioners’ aforesaid application with a cost of Rs.2,000/-, inter alia, observing that same has been filed simply with a view to protr

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