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2026 Supreme(Raj) 476

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
BIPIN GUPTA
Mohan Lal Verma S/o Badripraad – Appellant
Versus
Rajendra Prasad Shah S/o Shri Heera Lal Ji Shah – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mangal Chand Taylor
For the Respondent: Mr. Saransh Saini with Mr. Vinod Kumar Sharma, Ms. Sanjana Choudhary

JUDGMENT :

BIPIN GUPTA, J.

1. Both the writ petitions arise out of a common order dated 20.02.2018, passed by the learned Rent Tribunal, Jaipur Metropolitan, in an eviction petition. Since two appeals came to be filed, one by the landlord bearing Appeal No. 66/2018 and another by the tenant bearing Appeal No. 52/2018, and the same were disposed of by the learned Appellate Rent Tribunal vide order dated 21.08.2018, whereby Appeal No. 52/2018 was allowed, and Appeal No. 66/2018 was dismissed.

2. The landlord has preferred two writ petitions, one bearing number S.B. Civil Writ Petition No. 22069/2018 against the order passed in Rent Appeal No. 52/2018, and another writ petition bearing number S.B. Civil Writ Petition No. 25759/2018 against the order passed in Rent Appeal No. 66/2018. The writ petition bearing number S.B. Civil Writ Petition No. 22069/2018 is against the reversal of the finding on Issue No. 2 and the remand order; therefore, the facts are taken from the said writ petition. Since common facts are involved, both the writ petitions are decided together.

3. The facts giving rise to the present writ petitions are that the landlords filed a petition under Section 6 and 9 of the

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