U. N. AUTOMOBILES PVT. LTD. Vs. ARJUNDAS KHATRI

JUDGEMENT

(1.) This writ petition has been filed under Article 226 and 227 of the Constitution of India claiming the following reliefs:

(2.) Brief facts of the case are that an application (Annexure-1) under Sec. 18 of the Rajasthan Rent Control Act was filed for eviction of the premise situated at House No 512, Panchratna Complex, Road No.1, Udaipur against Late Smt Amita Prakash by respondent No.1 Arjundas Khatri with the averments that late Smt Amita Prakash is the tenant of the premises in question and rent of Rs.18,500.00 was agreed between the parties orally. Thereafter a rent agreement was executed on 1/4/2005 and the tenancy for the premises was decided for a period of 5 years. Thereafter a notice dtd. 14/10/2014 was served on Late smt Amita Prakash for vacation of the premises in dispute. The said notice was returned back by the post with the remark that the address of the notice was not found thus vide notice dtd. 31/1/2015 the tenancy was terminated by respondent No.1.

(3.) Thereafter, non applicant-Late Amita Prakash submitted a reply (Annexure-2) to the rent application and denied all the contentions therein and stated that the application is barred by non joinder of UN Automobiles and thereafter non-applicant- Late Amita Prakash prayed to dismiss the rent application. Applicant respondent No.1 filed a rejoinder (Annexure-3) to the reply. Thereafter the Rent Tribunal, Udaipur framed five issues dtd. 1/12/2016 (Annexure-4).