JAGMAAL Vs. CHANDRASHEKHAR

JUDGEMENT

(1.) Under challenge is the impugned judgment dated 23.06.2017 passed by the Appellate Rent Tribunal, Jhunjhunu (hereinafter 'Appellate Tribunal') setting aside the judgment dated 19.07.2016 passed by the Rent Tribunal, (hereinafter 'Tribunal') and on consideration of the evidence on record allowing the respondent-tenant's (hereinafter 'the tenant') application under Section 11 of the Rajasthan Rent Control Act, 2001 (hereinafter 'the Act of 2001') and directing that he unlawfully dispossessed from the tenanted premises by the respondent-landlord (hereinafter 'the landlord'), be put back in possession thereof.

(2.) Perused the material available on record of the petition.

(3.) Admittedly vide rent note dated 01.06.2009, the tenant was put into possession of the tenanted premises by the landlord. The landlord could not lead any evidence so as to how the tenant having lawfully come into possession of the tenanted premises was lawfully dispossessed therefrom. Further there was evidence on record to show that the inventory of the goods of the tenant in the tenanted premises was drawn and even on the landlord's own admission the premises had a double lock, one belonging to the landlord and the other to the tenant.