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IN THE 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
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 Shri. Banshidhar on 15.02.1949, on a monthly rent of Rs.5/-. However, even after the death Shri. Jamnalal and Shri. Banshidhar, their family members continued to reside in the said premise but were neither paying the rent nor were delivering the possession of the property.
3. Thus, a suit for eviction and arrears of rent was filed by respondent Nos. 1 and 2 i.e. Shri. Jitendra Bohra and Shri. Shyam Su
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