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2018 Supreme(Raj) 838

NIRMALJIT KAUR
KAILASH CHANDRA GOPAL KRISHNA, THROUGH ITS PARTNER GOPAL KRISHNA – Appellant
Versus
PRAHALAD RAI – Respondent


Advocates:
Advocate Appeared:
Narendra Thanvi, Adv., Ravi Bhansali, Adv., Vipul Dharnia, Adv.

JUDGMENT

Nirmaljit Kaur, J.

The respondent-landlord filed an eviction petition under Section 6 and 9(i) (j) of the Rajasthan Rent Control Act, 2001 before Rent Tribunal, Bhilwara which was dismissed by the Rent Tribunal vide order dated 28.05.2013. The appeal against the said order was also dismissed by the Appellate Rent Tribunal, Bhilwara vide order dated 11.08.2015. The writ petition has been preferred against both the impugned orders.

2. While praying for setting aside the impugned orders, it was contended by the learned counsel for the petitioner that the courts below have wrongly accepted the bonafide plea of the respondent-landlord. Respondent - Prahalad Rai and his wife have the share capital of Rs. 15 lakhs in M/s Parmeshwary India Pvt. Ltd.. The wife of the respondent is the Director of the company. Hence, it is impossible to believe that the respondent is an employee at M/s Parmeshwary India Pvt. Ltd. and that too under his younger brother. Secondly, the business is joint, hence, the evidence of PW-2 - Ladulal Baheti - father of the respondent Prahalad Rai is relevant in which he has categorically admitted that they are living together and sharing the kitchen. Ladulal Bahet












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