MOHD. UMAR Vs. ALTAF HUSSAIN

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been preferred seeking the following reliefs:

(2.) As per the pleaded facts, the respondents filed an original rent petition before the learned Rent Tribunal, Jodhpur Metropolitan [registered as Petition No.38/2012 (old No.51/05) NCV No.1575/2014] under Sec. 9 of the Rajasthan Rent Control Act, 2001 for eviction of petitioners from the House No.9/3/6, near Vyapariyon Ki Maszid, (originally belonging to one Rahim Bux) being let-out to Smt. Bashiran in the year 1979, and later on to the petitioners [Smt. Zarina (niece) and her husband who came to live with her in the said house), on a monthly rent of Rs.500.00 by the father of the respondents during his lifetime.

(3.) Mr. R.K. Thanvi, learned Senior Counsel assisted by Mr.Surendra Thanvi, appearing on behalf of the petitioners submitted that there was no landlord-tenant relationship between the petitioners and respondents. It was further submitted that the respondents had been unable to prove the existence of any rent agreement between the parties nor were they able to showcase any receipt towards payment of rent. In furtherance, it was submitted that even the learned Rent Tribunal after a careful consideration held vide judgment and certificate dtd. 13/8/2019 that there exists no landlord-tenant relationship between the parties.