PARVEJ MALKANI Vs. JOG SINGH RAJGURU

JUDGEMENT

(1.) This petition is directed against the judgment dated 12.3.12 passed by the Appellate Rent Tribunal, Jodhpur, whereby while allowing the appeal preferred by the respondent against the judgment dated 19.7.11 passed by the Rent Tribunal, Jodhpur, the findings recorded by the Rent Tribunal on issue no.1, which relates to the landlord and tenant relationship between the parties, has been reversed and the matter has been remanded to the Rent Tribunal for decision on issues no.2, 3 and 4 afresh, after examination of evidence on record and giving an opportunity of hearing to the parties.

(2.) The facts relevant are that the respondent claiming himself to be landlord filed a petition seeking eviction of the petitioner tenant from residential premises on the grounds of default in payment of rent, subletting and reasonable and bonafide requirement in terms of provisions of Section 9(a)(e) and (f) of the Rajasthan Rent Control Act, 2001 ('the Act of 2001'). The respondent claimed that he had purchased the disputed property from its owner Ashok Jain and Manoj Jain by way of registered sale deed dated 23.6.95.

(3.) The petition was contested by the petitioner by filing a reply thereto, wherein the factum of occupation of the premises as tenant was not denied, however, the petitioner claimed that he had taken the premises on rent from late Shri Inder Singh and not Shri Ashok Jain and Manoj Jain. It was further averred that as per the instructions of late Shri Inder Singh, the rent of premises was being paid by him to Smt. Chandrakala and therefore, she is the landlord of the premises in question. Suffice it to say that the landlord and tenant relationship was denied by the petitioner.