LAWS(RAJ)-2023-11-82

STATE OF RAJASTHAN Vs. MAHANT SHRI VISHNU PRASAD

Decided On November 22, 2023
STATE OF RAJASTHAN Appellant
V/S
Mahant Shri Vishnu Prasad Respondents

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioners challenging the order dtd. 12/9/2017 passed by the Rent Appellate Tribunal, Sikar, in Appeal No.19/2013, whereby the appeal was dismissed against the judgment dtd. 17/7/2013 passed by the Rent Tribunal, in Eviction Application No.16/2010.

(2.) The brief facts of the case borne out from the pleadings are that an eviction application under Sec. 9 of the Rent Control Act, 2001 (for short 'the Act of 2001') was filed by the respondents-landlords before the Rent Tribunal, Sikar for eviction of the petitioners-tenants on the ground of personal and bonafide necessity. The Rent Tribunal, Sikar after considering the pleadings and the evidence, allowed the eviction application filed by the respondents-landlords vide order dtd. 17/7/2013 and ordered the petitioners- tenants to vacate the premises in question and to hand over the possession to the applicants-landlords. It was further observed that the applicants shall be entitled to recover the amount of rent @ Rs.107.00 per month w.e.f. 16/6/1954. The operative part of the order is reproduced as under:- <IMG>JUDGEMENT_82_LAWS(RAJ)11_2023_1.jpg</IMG>

(3.) The petitioners-tenants preferred an appeal against the judgment dtd. 17/7/2013 before the Rent Appellate Tribunal, Sikar, which was registered as Appeal No.19/2013. The appeal filed by the petitioners-tenants was dismissed vide order dtd. 12/9/2017 affirming the order dtd. 17/7/2013 passed by the Rent Tribunal, Sikar.