RAISA Vs. GULAM RASUL

JUDGEMENT

(1.) This order would dispose of the two writ petitions filed by the petitioner, Smt. Raisa D/o Mohammad Ismail (CW No.1604/12) and the petitioners, namely, Mohammad Farukh and Mohammad Harun both sons of late Mohammad Ismail (CW No.2743/11) against the landlord, Gulam Rasul, against the concurrent decree of eviction on the ground of bonafide need of the landord.

(2.) The petitioners, Smt. Raisa D/o Mohammad Ismail, Mohammad Farukh and Mohammad Harun, both sons of Mohammad Ismail, are the real sister and brothers, against whom the plaintifflandlord, namely, Gulam Rasul filed Eviction Petition No.116/2008 before the learned Rent Tribunal, Jodhpur, which came to be allowed and eviction decree was passed in favour of respondent-landlord, inter-alia, on the ground of bonafide necessity of the landlord on 21.05.2009. While passing the eviction decree on 21.05.2009, learned Rent Tribunal held that the defendant No.3, Smt. Raisa D/o Mohammad Ismail, sister of these two brothers, Mohammad Farukh and Mohammad Harun, was not the tenant in the suit premises a small residential house, situated at "Chhipa-Basti", Khanda-Falsa, in the street near Rajasthan Amplifiers, Jodhpur; and therefore, while dismissing the eviction petition qua her, decreed the suit and eviction decree was granted against the two brothers i.e. defendants, Mohammad Farukh and Mohammad Harun on 21.05.2009.

(3.) An appeal against the said eviction decree was, therefore, preferred by these two brothers under Section 19 of the Rajasthan Rent Control Act, 2001, (for short, hereinafter referred to as 'Act of 2001') which also came to be dismissed by the learned Appellate Rent Tribunal, Jodhpur on 03.03.2011. Since the eviction decree was passed passed by the Rent Tribunal exparte, an application under Order 9 Rule 13 CPC for setting aside the exparte proceedings was also filed by these two brothers but that application too was dismissed by the learned Rent Tribunal vide order dated 01.02.2011, and thus both the eviction decree dated 21.05.2009 as well as the order dated 01.02.2011, were challenged before the learned Appellate Rent Tribunal, which appeal came to be dismissed vide the order dated 03.03.2011 of the Appellate Rent Tribunal.