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 227 of the Constitution of India claiming the following reliefs :

“1. The impugned order dated 09.11.2023 (Annexure-1) passed by the Learned Trial Court may kindly be quashed and set aside;

2. Any other relief/reliefs, which this Hon’ble Court may deem just and proper in the facts and circumstances of the case, may also be granted in favour of the Petitioners."

3. The respondents had preferred a rent petition under Section 9 the Rent Control Petition, 2001 (hereinafter referred to as the ‘Act of 2001’). In response to the same, the Petitioners filed an application under Order VII Rule 11 of the Civil Procedure Code, 1908 (hereinafter to referred to as ‘CPC’) for the rejection of the Plaint, on the ground that the respondents are not the owner and landlord of the property, (which is Araji No. 429, wrongly mentioned as 490), instead it is owned by the Urban Improvement Trust, Udaipur (hereinafter referred to as ‘UIT’).

4. In addition to this, the petitioners also filed an app