RAJASTHAN BOARD OF MUSLIM WAKF Vs. MOHD HUSSAIN

JUDGEMENT

(1.) Since both the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No.6626/2023, while treating the same as a lead case.

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that respondent no.1 (Mohammed Hussain)-landlord filed an eviction petition under Ss. 9 (A) & 18 (2) of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as 'Act of 2001') before Rent Tribunal, Jodhpur against the petitioner-tenant (Noor Mohammed), stating therein that a property was situated at Mastan Shah ka Takiya Girdikot, Ghasmandi Road, Jodhpur, wherein shop no.5 was let out on rent to the petitioner-tenant (Noor Mohammed). The petitioner did not make the payment towards rent from August, 2005 onwards, and thus, the respondent no.1 filed the aforementioned eviction petition.

(3.) In Writ Petition No.6626/2023, learned counsel for the petitioner-tenant submitted that there was no existing landlordtenant relationship between the parties, and that, the respondent no.1 had concealed certain material facts, to the effect, amongst others, that though he was collecting the rent, but was not the lawful owner of the property in question; whereas respondent no.2-Rajasthan Board of Muslim Waqf was the actual landlord of the petitioner-tenant, as the respondent no.2 was the actual owner of the property in question.