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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
BIPIN GUPTA
Chaya Sethi, W/o. Late Shri Vimal Kumar Sethi – Appellant
Versus
Jitendra Bohra, S/o. Late Shri Balkishan Bohra – Respondent
| Table of Content |
|---|
| 1. writ petition filed against eviction decree. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding tenancy rights and heirs. (Para 9 , 10) |
| 3. court's jurisdiction under article 227. (Para 11 , 12 , 14 , 21) |
| 4. joint tenancy vs co-tenancy rights. (Para 15 , 16 , 18 , 19 , 20) |
| 5. legislative changes affecting tenancy protections. (Para 22 , 23) |
| 6. dismissal of the writ petition. (Para 25 , 26) |
JUDGMENT :
BIPIN GUPTA, J.
1. The present writ petition has been filed assailing the order dated 24.02.2020, passed by the learned Appellate Rent Tribunal, Jaipur, in Civil Appeal No. 09/2020, whereby, while dismissing the appeal, the learned Appellate Tribunal upheld the order dated 02.12.2019, passed by the learned Rent Tribunal, Jaipur (Senior Civil Judge and Additional Chief Metropolitan Magistrate, Jaipur Metropolitan), in Case No. 02/2019, wherein the application filed by the objectors-petitioners under Section 47 read with Order 21 Rule 97, 101 and 104 CPC in the execution application of the decree dated 16.01.2016, was rejected.
2. Shorn of the facts, the property in question was rented out by Late Shri. Balkishan, father of respondent Nos. 1 and 2, to Late Shri. Jamnalal and Late S
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