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PUSHPENDRA SINGH BHATI
Haazra – Appellant
Versus
LR of Rafeeq – Respondent
| Table of Content |
|---|
| 1. eviction petition details and background (Para 1 , 2) |
| 2. arguments regarding landlord-tenant relationship (Para 3 , 4) |
| 3. court observations on eviction order justification (Para 5 , 6 , 7) |
| 4. dismissal of the petition and order for eviction (Para 8 , 9) |
ORDER :
(Pushpendra Singh Bhati, J.)
This writ petition under Articles 226 & 227 of the Constitution of India has been preferred claiming the following reliefs:
I. By an appropriate writ, order or direction, the Impugned Judgment & Certificate dated 16.08.2022 (Annex-9) passed by the Learned Appellate Rent Tribunal, Jodhpur in Rent Appeal No.09/2019 (N.C.V. No.09/2019) 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 29.11.2018 (Annex-07) passed by the Learned Rent Tribunal, Jodhpur Metro in Eviction Petition No.124/2016 (NCV No.1203/2014) may kindly be affirmed and Consequently, the eviction petition filed by the Respondent (Annex-1) may kindly be rejected in
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
Appellate Rent Tribunal has allowed documents to be taken on record, while remanding matter back to learned Rent Tribunal.
The court established that a valid tenant-landlord relationship must be evidenced by clear documentation and payment history, which was lacking in this case.
Since the Rent Tribunals have been given power to deal with incidental matters relating to dispute between landlord and tenant also, the case in hand, where suit for possession has been filed before ....
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