KAILASH CHAND GUPTA Vs. KISHORE SUCHDEVA

JUDGEMENT

(1.) This writ petition has been filed assailing the order dated 20.07.2019 whereby the appeal preferred by the petitioner-tenant (for brevity - 'the petitioner') against the compromise certificate dated 18.09.2018 has been dismissed by the learned Appellate Rent Tribunal, Jaipur.

(2.) The facts in brief are that the respondent-landlord (for brevity - 'the respondent') filed an application under Section 22 of the Rajasthan Rent Control Act, 2001 (for short 'the Act of 2001') seeking eviction of the petitioner from the suit premises comprising of Shop No. 37 Part-A, Lower Shopping Centre, Ganpati Plaza, M.I. Road, Jaipur on the premise that in spite of termination of lease vide notice dated 04.10.2017 served under Section 106 of the Transfer of Property Act, 1882 (for short 'the Act of 1882'), the petitioner has failed to handover vacant possession of the suit shop alongwith balance mesne profit.

(3.) The petitioner in his reply to the application submitted inter- alia that the respondent-landlord has not served upon him any notice terminating his lease even after expiry of the lease period.