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KULDEEP MATHUR
Bheemraj Chhajer – Appellant
Versus
Lrs Of Premaram Suthar – Respondent
ORDER
1. A challenge has been made by the petitioner-tenant (hereinafter referred to as ’tenant’), to judgment dated 13.11.2014 passed by Rent Tribunal, Jodhpur as affirmed by Appellate Rent Tribunal, Jodhpur Metropolitan on 23.09.2016. By the judgment dated 13.11.2014, Rent Tribunal directed that the tenant was liable to be evicted from the tenanted premises. It was further held that the landlords were entitled for revised rent at the rate of Rs. 2,300/- from the date of filing of the eviction petition. Further, the petitioner was directed to handover possession to the respondent-landlords within six months, failing which he would be liable to pay three times contracted rent in terms of Section 20 (3) of the Rajasthan Rent Control Act, 2001.
2. It is noticed that during the pendency of present writ petition, an application was filed on behalf of Kailash Bhati and Laxman Bhati (subsequent purchasers) and vide order dated 22.01.2020 passed by this Court, they were impleaded as party respondents in the present writ petition.
3. Learned counsel for the petitioner submits that eviction petition under Section 9 of the Rent Control Act was filed by the landlord for his personal and bonafide
The landlord's bona fide need at the time of filing the suit continues even after the sale of the property to a third party during the pendency of the proceedings.
The court emphasized the importance of upholding findings of fact arrived at by the lower tribunals and the landlord's right to choose the best place for doing business.
The court established that a second eviction application is permissible if the first was not decided on merits, emphasizing the need for a practical approach to bona fide requirements.
The central legal point established in the judgment is that once a landlord establishes reasonable and bonafide necessity for the accommodation, it cannot be rejected on the premise that the person d....
The landlord's right to seek eviction based on personal and bonafide necessity and the court's deference to the landlord's prerogative in deciding the use of the premises.
The main legal point established in the judgment is the court's interpretation of the landlord's bonafide personal necessity as grounds for eviction, and the maintainability of subsequent petitions f....
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