GEETA KANWAR Vs. MUNNI BEGAM

JUDGEMENT

(1.) This writ petition has been filed under Article 227 of the Constitution of India assailing the judgment dtd. 21/5/2019 passed by the learned Appellate Rent Tribunal, Jaipur, in Civil Appeal No.83/17 whereby, while partly allowing the appeal preferred by the respondents/tenants against the final order dtd. 24/1/2017 passed by learned Rent Tribunal No.1, Jaipur (Additional Senior Civil Judge No.1, Jaipur Metropolitan) in original application No.146/2004 whereby, the application filed by the petitioner/ landlord under Sec. 9 of the Rajasthan Rent Control Act, 2001 (for brevity "the Act of 2001"), was partly allowed and recovery certificate was issued for default in payment of rent, the findings on issue no.1 have been reversed.

(2.) The relevant facts in brief are that the petitioner filed an application under Sec. 9 of the Act of 2001 against the respondents seeking their eviction from the suit premises comprising a house survey No.27, Naagtlai Kacchi Basti, New Ananj Mandi, Surajpole, Jaipur on the grounds of default in payment of rent, parting with possession for consideration and material alteration. The application was allowed by the learned Rent Tribunal, Jaipur vide its final order dtd. 24/1/2017 qua default in payment of rent only, i.e., issue no.1.

(3.) In the appeal preferred thereagainst by the respondents, the findings vide issue no.1 were reversed by the learned Appellate Rent Tribunal, Jaipur vide its judgment dtd. 21/5/2019, the subject matter of this writ petition.