MARUDHAR BHATI Vs. RENT APPELLATE TRUBUNAL

JUDGEMENT

(1.) IN this writ petition filed under Articles 226 and 227 of the Constitution of INdia, the petitioner has prayed for quashing the judgment and certificate dated 26. 10. 2006 Annex.-3 passed by the Rent Tribunal, Jodhpur as well as order dated 28. 03. 2008 Annex.-4 passed by the Rent Appellate Tribunal, Jodhpur.

(2.) THE facts of the case set out in the writ petition indicate that an application for eviction under Section 3, 6 and 9 (1) B, C, E, G and I, read with Section 10 (i) (b) of the Rajasthan Rent Control Act, 2001 was filed by the petitioner in which it was categorically stated that the premises situated at 34, Sardar Club Scheme, Jodhpur was let out by respondent No. 3 (applicant before the Tribunal) and the said premises was let out for residential purpose and rent was fixed at the rate of Rs. 5,000/ -.

(3.) THE Rent Tribunal finally adjudicated the matter after framing the issues on the ground that contention of the applicant is not acceptable that the premises was let out for residential purpose and while holding that the premises in question was, in fact, let out for commercial purpose, therefore, Chapter 2 and 3 of the Act are applicable as per Section 3 of the Act of 2001 and while considering the grounds taken for eviction, that eviction decree was passed against the respondent.