ARUN BHANSALI,J. - (1.) These writ petitions have been filed by the petitioners-tenants aggrieved against the judgments dated 1/2/2016 passed by the Rent Tribunal, Jodhpur Metro ('the Tribunal') and judgments dated 14/9/2016 passed by the Appellate Rent Tribunal, Jodhpur Metro ('the Appellate Rent Tribunal'), whereby, the petitions for eviction filed by respondent-Fayaz Ali have been accepted and the appeals filed by the petitioners have been dismissed, respectively.
(2.) Three petitions for eviction were filed by the respondent against the petitioners under Section 9(a) and 18 of the Rajasthan Rent Control Act, 2001 ('the Act, 2001') inter alia with the averments that the property in the name of 'Lal Khan Building' is situated at Chopasani Road, Jodhpur wherein the petitioners Dinesh Kumar, Bheekam Chand and Mool Chand were tenants in shops on.1, 2 and 3 respectively. The shops were let out 40 years back to late Asan Das father of Dinesh Kumar, Narsingh father of Bheekam Chand and to Mool Chand and they were in possession of the shops. It was indicated that the shops were on monthly tenancy of Rs.135/-, Rs.60/- and Rs.85/- respectively. The last rent of the shops in question was paid on 31/3/2012 for the period 1/5/2011 to 31/3/2012, where after, the rent was neither offered nor tendered despite requiring the petitioners to pay the same. When the rent was not paid despite demand, registered notices were sent to the petitioners through counsel on 19/8/2014 requiring the petitioners to deposit the due rent in the bank account of the landlord. Notices were duly served on the petitioners, to which a response was given through counsel on 15/9/2014 denying the landlord-tenant relationship. It was alleged that the petitioners have committed default in payment of rent, the premises was required by the landlord for his two sons Imran Ali and Irfan Ali.
(3.) Based on the above averments, it was submitted that the petitioners have committed default in payment of rent and were liable to be evicted in terms of the provisions of Section 9(a) of the Act.;