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PUSHPENDRA SINGH BHATI
Haazra – Appellant
Versus
LR of Rafeeq – Respondent
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 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 couns
The main legal point established in the judgment is the significance of appearing before the tribunal and rebutting claims to contest eviction proceedings.
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.
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