SATISH KUMAR JAIN Vs. PANKAJ JAIN

JUDGEMENT

(1.) This writ petition has been filed by the petitioners (hereinafter to be referred to as "tenants") against the order dtd. 16/5/2022 passed by the learned Appellate Rent Tribunal, Alwar, whereby the appeal filed by the tenants against the judgment and decree dtd. 19/3/2020 passed by the learned Rent Tribunal, Alwar was dismissed.

(2.) Brief facts of the case are that the shop in dispute was taken on rent by the father of the respondents No.2 to 7 Kanahaiya Lal on 2/6/1957. The landlord, Pankaj Jain, filed an eviction application against the original tenant Smt. Kamlesh Jain and Ors. in the year 2015. During the pendency of the proceedings before the learned Rent Tribunal, Smt. Kamlesh Jain died on 22/3/2018. The learned Rent Tribunal on the basis of pleadings of the parties framed three issues, however, the suit was decreed by the learned Rent Tribunal vide order dtd. 19/3/2020 only on the basis of issue No.2, which reads as under:- <IMG>JUDGEMENT_112_LAWS(RAJ)12_2022_1.JPG</IMG>

(3.) Being aggrieved by the judgment and decree dtd. 19/3/2020, the tenants filed regular appeal before the learned Rent Appellate Tribunal, Alwar which was dismissed by the learned Rent Appellate Tribunal vide its judgment dtd. 16/5/2022. Hence, this writ petition has been filed by the petitioner challenging the order dtd. 16/5/2022 passed by the learned Appellate Rent Tribunal as well as the judgment and decree dtd. 19/3/2020 passed by the learned Rent Tribunal, Alwar.