GURDEEP SINGH Vs. VIJAY KUMAR

JUDGEMENT

(1.) This petition is directed against order dt. 27/11/18 passed by the Appellate Rent Tribunal Sri Ganganagar, whereby the appeal preferred by the petitioner against the order dt. 22/9/17 passed by the Rent Tribunal, Sri Ganganagar in Rent Case No. 24/13(2013/14), allowing the petition preferred by the respondents under Sec. 18 of the Rajasthan Rent Control Act, 2001 (for short "the Act") and granting injunction as prayed for, has been dismissed.

(2.) The facts relevant are that the respondents No. 1 and 2 preferred a petition under Sec. 18 of the Act alleging that a residential premises ad measuring 20 x 30 ft. consisting of 2 rooms, bathroom, toilet and kitchen was given on rent by them to the petitioner herein for rent Rs.5,000.00 on 1/11/90. However the petitioner herein attempted to occupy un-authorisedly the part of the premises owned and possessed by the respondents. Accordingly, the injunction was sought in terms that the petitioner herein may not interfere with the use and occupation of the premises by the respondents, by attempting to un-authorisedly occupy the part of the premises not let out.

(3.) The petition was contested by the petitioner herein by filing a reply thereto. The specific stand of the petitioner in the reply was that as a matter of fact, the area of the premises let out is 20 x 50 sq.ft. and not 20 x 30 sq.ft. as averred by the respondents in the petition filed.