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2024 Supreme(Raj) 510

NUPUR BHATI
Rajendra Prasad S/o Shri Purushottam Sharma – Appellant
Versus
Krishna Swaroop S/o Shri Bhagwati Prasad Ojha – Respondent


Advocates Appeared:
For the Petitioners: R.K. Thanvi, Mahendra Thanvi
For the Respondent: Sandeep Saruparia.

ORDER :

1. The petitioners/tenant have preferred this writ petition challenging the judgments dated 18.01.2023 (Annex.5) and 20.01.2024 (Annex.7) passed by Rent Tribunal, Bhilwara and Appellate Rent Tribunal, Bhilwara, respectively whereby eviction decree has been passed against the petitioners from the suit shop.

2. Briefly stated, the facts of the case are that the respondents filed an application seeking eviction of the petitioners from the suit premises under the provisions of Section 9 (A) of the Rajasthan Rent Control Act, 2001 (‘Act of 2001’). In the application, it was inter-alia alleged that the suit property, situated in Nagori Garden, Bhilwara was let out on 01.05.2002. In the application, the respondents alleged that earlier also a petition seeking eviction of the petitioners/tenant was filed on 10.08.2006 on the ground of default in payment of rent, material alteration and reasonable bonafide necessity, however, the said petition was dismissed on 17.01.2017, against which the appeal preferred by the respondents/landlord is pending. During pendency of the appeal, initially the rent was deposited by the tenant in Bank account of Sh. Bhagwati Prasad up till September 2007,

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