JUDGMENT :

1. Since both the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No.6626/2023, while treating the same as a lead case.

1.1. However, the prayer clauses of both the instant petitions are reproduced as hereunder:

CW No.11533/2023:

“It is therefore, most humbly prayed that this Writ petition may kindly be allowed. By an appropriate writ order or direction:

(i) The judgement dated 21.02.2023 passed by Appellate Rent Tribunal, Jodhpur in Rent Appeal no 4/2023 N.C.V. No (4/2023) (Mohamad Hussain v/s Noor Mohd. & Ors) may kindly be declared illegal and the same may be quashed and set aside.

(ii) Costs may kindly be also awarded.

(iii) Any other writ or direction that may be deemed fit, just and proper may kindly be issued in favour of the petitioners.”

CW No.6626/2023:

“It is, therefore, most respectfully prayed on behalf of the Petitioner that this Writ Petition may kindly be allowed and:

I. By an appropriate writ, order or direction, the Impugned Judgment & Certificate dated 21.02.2023 (Annex-12) passed by the Learned Appellate Rent Tribunal, Jodhpur in Rent Appeal No.04/2023 (N.C.V. No.04/2023) ordering the eviction of the Petitioner from the disputed premises, may kindly be quashed and set aside; AND

II. By an appropriate writ, order or direction, the Judgment & Certificate dated 03.11.2022 (Annex-10) passed by the Learned Rent Tribunal, Jodhpur Metro in Eviction Petition No.74/2012 (Old No.87/2006) (NCV No.421/2014) may kindly be confirmed. Consequently, the eviction petition filed by the Respondent No.1 (Annex-1) may kindly be rejected in toto;

III. Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.”

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that respondent no.1 (Mohammed Hussain)-landlord filed an eviction petition under Sections 9 (A) & 18 (2) of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as ‘Act of 2001’) before Rent Tribunal, Jodhpur against the petitioner-tenant (Noor Mohammed), stating therein that a property was situated at Mastan Shah ka Takiya Girdikot, Ghasmandi Road, Jodhpur, wherein shop no.5 was let out on rent to the petitioner-tenant (Noor Mohammed). The petitioner did not make the payment towards rent from August, 2005 onwards, and thus, the respondent no.1 filed the aforementioned eviction petition.

2.1. During the pending of the eviction suit, the respondent no.2-Rajasthan Board of Muslim Waqf filed an application seeking its impleadment in the eviction petition filed by the respondent no.1, which was allowed by the learned Rent Tribunal, thus, impleading the respondent no.2 as party defendant in the eviction petition.

2.2. The learned Rent Tribunal i.e. the learned Additional Chief Judicial Magistrate (Rent Tribunal), Jodhpur Metropolitan vide the judgment & certificate dated 03.11.2022 dismissed the eviction petition preferred by the respondent no.1. Aggrieved by the same, the respondent no.1 preferred an appeal under Section 19 (6) of the Act of 2001 before the learned Appellate Rent Tribunal, Jodhpur Metropolitan, which was allowed vide the impugned judgment & certificate dated 21.02.2023, ordering eviction of the petitioner-tenant from the disputed premises.

3. In Writ Petition No.6626/2023, learned counsel for the petitioner-tenant submitted that there was no existing landlord-tenant relationship between the parties, and that, the respondent no.1 had concealed certain material facts, to the effect, amongst others, that though he was collecting the rent, but was not the lawful owner of the property in question; whereas respondent no.2-Rajasthan Board of Muslim Waqf was t