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MAHENDAR KUMAR GOYAL
National Offset Printing Press – Appellant
Versus
Sushil Kumar Son Of Shri Vinod Kumar – Respondent
ORDER
1. Although, the matter comes up on an interim application (2/2022); but, on the request of learned counsels for the respective parties, the writ petition was heard on its merit at this stage.
2. This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the judgment dated 19.04.2021 passed by the learned Appellate Rent Tribunal, Sikar in Appeal No.11/2020: Sushil Kumar & Anr. vs. National Offset Printing Press whereby, the appeal preferred by the respondents-Landlords (for brevity, ’the Landlords’) against the judgment dated 26.02.2020 passed by the learned Rent Tribunal, Sikar in Rent Application No.41/2017: Sushil Kumar & Anr. vs. National Offset Printing Press dismissing the application filed by the Landlords under Section 9 of the Rajasthan Rent Control Act, 2001 (for brevity, ’the Act of 2001’), has partly been allowed and a recovery certificate has been issued.
3. The facts in brief are that the Landlords filed an application under Section 9 of the Act of 2001 against the petitioner (tenant) seeking his eviction from the suit shop on the grounds of subletting and reasonable and bonofide necessity. The applicatio
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 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 landlord's bonafide requirement for the premises and the landlord's right to choose a suitable premise for carrying on the business are key legal principles established in the judgment.
Tenants can be evicted for using premises inconsistently with tenancy purpose, supported by sufficient evidence from the landlord.
Point of Law : Tenant fails to furnish undertaking to above effect, respondent-landlady would be entitled to get judgment/decree of eviction executed forthwith in accordance with law.
The reasonable and bona fide necessity has to be adjudged based on the position existing on the day the rent eviction application is filed, and subsequent events without material bearing cannot be in....
The reasonable and bona fide necessity for rent eviction has to be adjudged based on the position existing on the day the application is filed, and subsequent events may not warrant an amendment in t....
Appellate Rent Tribunal cannot be permitted to usurp jurisdiction of Rent Tribunal.
A subsequent event having material bearing on the issue can be permitted to be incorporated by way of an amendment under Section 21 of the Rajasthan Rent Control Act, 2001.
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