2011 Supreme(Raj) 2471
NARENDRA KUMAR JAIN I
Rameshwar Prasad – Appellant
Versus
Appellate Rent Tribunal, Kota – Respondent
Advocates:
For the Petitioner:Shailesh Prakash Sharma, Advocate.
For the Respondent No. 3:Sanjay Singhal, Advocate.
JUDGMENT
1. - Heard learned counsel for the parties.
2. The applicant/respondent No.3 filed application under Sections 6 and 9 of the Rajasthan Rent Control Act, 2001 (for short "the Act") for revision of rent and eviction of non-applicant/petitioner from the rented premise on the ground of personal bonafide necessity as well as sub-letting before Rent Tribunal, Kota. Rent Tribunal, Kota vide its order dated 17th April, 2006 allowed the application and while revising and increasing the rent, recorded a finding in respect of personal bonafide necessity as well as sub-letting in favour of applicant and consequently, granted a decree of eviction in his favour. Being aggrieved with the same, the tenant/non-applicant filed an appeal. Rent Appellate Tribunal, Kota vide its judgment dated 31st March, 2011 while reversing the finding in respect of personal bonafide necessity affirmed the finding of Rent Tribunal in respect of sub-letting and consequently, affirmed the decree of eviction passed by Rent Tribunal. Being aggrieved with the same, the tenant/petitioner has preferred this writ petition before this Court.
3. Submission of learned counsel petitioner is that the application for evicti
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