Sangeet Lodha, J. - (1.) This writ is directed against order dt. 25.10.2007 passed by the Rent Tribunal, Jodhpur in Original Application No.21/2006, whereby an application preferred on behalf of the petitioners/non-applicants under Section 21 and 15 of the Rajasthan Rent Control Act, 2001 (in short 'the Act of 2001') read with Order VIII Rule 9 of CPC, praying for deletion of para No.9 of the rejoinder filed on behalf of the respondents and to struck off a document Exhibit 17 and an affidavit of one Shri Narpat Singh Mehta from the record stands rejected.
(2.) The brief facts in nutshell relevant to the controversy involved filed this writ petition are that respondents No. 1 to 5 (landlord) filed a petition under Section 15 of the Act of 2001 before the Rent Tribunal, Jodhpur for eviction of petitioners (tenants) from the disputed property let out to them, on the grounds in terms of provisions of Section 9(i) and (m) of the Act of 2001 i.e. for reasonable and bona fide necessity and the requirements of the premises to carry out the building work.
(3.) The respondents are currying on business in the name of Jodhpur Lodge on the first floor of the premises in question. The requirements of the premises to carry out the building work is pleaded by the respondents stating that on 07.12.1999 fire broke in godown of firm M/s. Delhi Furniture House which spreaded in their property. According to the respondents, the fire has caused substantial damage to their property and therefore, the same needs to be reconstructed after dismantle.;