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PUSHPENDRA SINGH BHATI
Mohan Singh – Appellant
Versus
Shree Parmatma Chand Bhandari Charitable Trust – Respondent
| Table of Content |
|---|
| 1. details of eviction proceedings initiated. (Para 2) |
| 2. arguments against respondent's substitution. (Para 3) |
| 3. justifications for respondent's substitution. (Para 4) |
| 4. court's analysis on substitution and eviction. (Para 5 , 6 , 7 , 8) |
| 5. final decision and dismissal of petitions. (Para 9 , 10 , 11) |
ORDER :
(Pushpendra Singh Bhati, J.)
These writ petitions under Article 226 of the Constitution of India have been preferred claiming the following reliefs:
2. By an appropriate writ, order or direction, the impugned order dated 13.4.2022 (Annx.11) accepting respondent No.1's application for eviction of rented premises may kindly be quashed and set aside."
2. Brief facts of the case, as placed before this Court by learned counsel for the petitioners, that one Vijay Singh, claiming himself to be the attorney of Shri Baldeo Singh Bhati s/o Ram Singh Bhati filed an eviction application under Section 9 clauses (i), (j) and (m) of the RAJASTHAN RENT CONTROL ACT , 2001 (hereinafter referred to as 'Act of 2001') against Gyan Singh Solanki (Tenant) - father of the present petitioner, before the learned
Appellate Rent Tribunal has allowed documents to be taken on record, while remanding matter back to learned Rent Tribunal.
The court affirmed that eviction under Section 9(i) of the Rajasthan Rent Control Act does not require prior notice for arrears of rent, focusing on bonafide necessity.
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....
The necessity for eviction must be assessed at the time of the application, and not all subsequent events justify amendments to pleadings.
The definition of 'landlord' under the Rajasthan Rent Control Act, 2001 includes any person receiving or entitled to receive rent, regardless of ownership transfer.
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