JUDGMENT :

1. Though the matter was listed in ‘Fresh’ Category but on the joint request of both the counsel for the parties, the matter is heard finally today itself.

2. This writ petition has been filed under Article 226 and 227 of the Constitution of India with the following prayers :-

“that this writ petition may kindly be allowed and by way of an appropriate writ, order or direction the impugned judgment/ order dated 16.03.2023 (Anx.11) passed by the learned Appellate Rent Tribunal, Jodhpur Metropolitan, Jodhpur in rent appeal no. 38/2022 (NCV-38/22) as also the certificate dated 16.03.2023 may kindly be quashed and set aside and the Rent Petition no. 85/2015 (NCV No.122/15) filed by the respondent- applicant may kindly be dismissed.”

3. Brief facts of the case are that the respondent-landlord-applicant Sushila Parihar preferred an application dated 02.03.2015 before the Rent Tribunal Jodhpur under section 9(i) of the Rajasthan Rent Control Act 2001 against the petitioner for eviction of one shop measuring 9ft x 18ft let out on rent for rupees 4,400/- to the petitioner who is running a shop in the name of M/S Gehlot Sabji Bhandar in the premise in dispute.

4. Furthermore the proper