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SAMEER JAIN
Narain Lal S/o Shri Trilok Chand Sindhi – Appellant
Versus
Manju Devi Rawat W/o Late Shri Surendra Singh Rawat – Respondent
JUDGMENT :
1. The instant petition is filed under Article 227 of the Constitution of India for quashing and setting aside the judgment and recovery certificate dated 14.07.2010, passed by the Appellate Rent Tribunal, whereby Appeal No. 98/2007 was allowed and the judgment and recovery certificate dated 20.04.2007, passed by the Rent Tribunal, was set aside.
2. The relevant facts, necessary for the just and efficacious adjudication of the instant writ petition, are as follows:-
2/1. That the respondent-landlady filed an Original Application under Section 9 of the Rajasthan Rent Control Act, 2001 against the petitioner-tenant, for eviction from the subject properties encompassing of a shop and godown, on the ground of bonafide necessity.
2/2. That in the said Original Application, it was averred that the son of the respondent-landlady, required the shop and godown in question, for conducting business therein. It is pertinent to note that the subject properties are situated in Kota, Rajasthan.
2/3. That the petitioner-tenant, by way of their reply, contested the ground of bonafide necessity as raised by the respondent-landlady inter-alia alleging that the respondent-landlady along with her
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.
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 court emphasized that a landlord’s bona fide necessity for eviction must be upheld if substantiated by evidence, and the scope of review under Article 227 is limited to supervisory jurisdiction, ....
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