ORDER :

1. The instant writ petition has been preferred by the petitioner under Article 226 and 227 of the Constitution of India with the following prayers:-

“It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuing an appropriate writ, order or direction the impugned order dated 04.03.2014 (Annex.15) passed by learned Appellate Rent Tribunal, Bikaner may kindly be quashed and set aside and restore the order dated 16.11.2012 (Annex.14) passed by the learned Rent Tribunal, Bikaner in Civil Original Case No. 104/2007.

Any other order favourable to the petitioner may also be passed.”

2. Brief facts of the case are that the petitioner has a residential house at Gangashahar, Bikaner in which there are three shops and out of those three shops one shop was rented out by the petitioner to respondent No.3 Kishan Lal on 20.02.1982 for the purpose of opening a barber shop and also for doing the business of repairing radio and watches and, thus, the rent-deed dated 20.02.1982 was executed between the petitioner’s mother Smt Asha Devi and Respondent No.3. Also as per the rent-deed dated 20.02.1982, the tenancy was to continue for three months ie. till 19.05.1982, however the shop was not vacated by the respondent No.3 and he continued using the rented premise till date.

3. Moreover, the respondent No.3 Kishan Lal stopped the barber business and started a new business of flour mill at Bothra Chowk and the shop in question which was rented to respondent No.3 has further sublet to his son, the respondent No.4 Vijay Kumar, without permission of the petitioner in which respondent No.4 started the business of DJ Sound in the name and style of ‘Haribhai Dj Sound’ and the respondent No.4 is creating noise pollution in the house of the petitioner and due to the noise pollution the petitioner is suffering from various health problems and thus to stop the same he filed a complaint at the Gangashahar Police Station. Thereafter the SHO Gangashahar, Bikaner submitted the complaint dated 04.09.2007 against respondent No. 3 and 4 before Sub Divisional Magistrate, Circle North, Bikaner U/S 133 CRPC and the SHO Gangashahar also gave a notice dated 13.11.2007 to the respondents for stopping the noise pollution by the speakers and DJ system.

4. As the shop in question was not used for the purpose for which it was given on rent and the respondents continued creating noise pollution and did not follow the condition that no nuisance will be created in the rented premise, thus, the petitioner filed an application dated 21.09.2007 (Annexure-4) under section 9 of the Rajasthan Rent Control, Act, 2001 (for short “the Act of 2001”) before the Rent Tribunal Bikaner. Thereafter the respondents filed a reply to the application and denied the facts mentioned by the petitioner. The petitioner filed the rejoinder to the reply; The petitioner also filed affidavits of himself, Shanker Lal and Mahaveer Prasad in support of the application. Further the respondent No.3 and respondent No.4, Ganesh and Manoj Kumar also filed their affidavits.

5. After considering the pleadings and evidence led by both the parties, the Rent Tribunal Bikaner vide order dated 16.11.2012 (Annexure-14) allowed the application filed by the petitioner u/s 9 of the Act of 2001 and respondent No.3 and 4 were directed to vacate the shop in question. Aggrieved by the order dated 16.11.2012 the respondents No.3 and 4 preferred an appeal before the Appellate Rent Tribunal, Bikaner and vide order dated 04.03.2014 the Appellate Rent Tribunal, Bikaner allowed the appeal filed by the respondents No. 3 and 4 and quashed the order dated 16.11.2012 passed by the Rent Tribunal Bikaner. Thus aggrieved by the order dated 04.03.2014 (Annexure-15), the petitioner prefers the present writ petition.

6. Learned counsel for the petitioner submits that the a perusal of the rent-deed of the shop in question shows that the shop was given to the respondent-tenant for doing barber