(1.) Since these two writ petitions relates to the one and the same property and are assailing the orders passed by the Rent Tribunal as well as Appellate Rent Tribunal, hence with consent of the parties, both the writ petitions have been heard together and are being decided by the present common order.
(2.) The petitioner (to be referred as tenant) has filed these writ petitions challenging the order dtd. 7/9/2022 passed by the Appellate Rent Tribunal, Jaipur Metropolitan-II whereby the appeal No.37/2021 filed on behalf of the tenant against the order dtd. 6/8/2021 passed by the Rent Tribunal, Jaipur Metropolitan-II was dismissed and cross Appeal No.40/2021 filed on behalf of the respondents (to be referred as landlord) was allowed.
(3.) Brief facts of the case are that in the year 1975, the shop in dispute was taken on rent by the father of the tenant. The landlord filed eviction application against the tenant in the year 2015 on the ground that the building (disputed premises) is in a dilapidated condition and the same is required for construction and running of a hospital in the memory of their head of the family late Mr. Panna Lal. The tenant filed reply to the eviction application and denied the averments made therein and on the basis of the pleadings of the parties, the learned Rent Tribunal framed following issues:-