CHANDRA SINGH Vs. SUNIL SINGH BAGHELA

JUDGEMENT

(1.) The writ petition has been filed under Article 227 of the Constitution of India with the following prayers:-

(2.) Brief facts of the case are that the respondent-landlord sent a legal notice dtd. 20/4/2023 (Annexure-1) to the petitioner tenant for eviction of the premises in dispute wherein he demanded Rs.2,38,2023.00 for rent amount due to the respondent- landlord. The respondent also provided the details of his bank account and provided a time period of 30 days for payment of the due rent. Thereafter, on 21/4/2023, the respondent-landlord preferred an eviction application (Annexure- 2) under sec. 9 (i) of the Rajasthan Rent Control Act 2001 (hereinafter to be referred as 'the Act of 2001'), on the ground of bonafide necessity, and also demanded arrears of rent without complying with the provisions of the Act of 2001, which mandates that a period of 30 days is to be provided to the petitioner tenant before filing of the eviction application, which was not provided by the respondent.

(3.) Thereafter, the petitioner-tenant filed reply (Annexure-3) to the legal notice sent by the respondent-landlord and therein denied the existence of the rent agreement executed between the respondent and the petitioner and also denied the landlord- tenant relationship.