Back
INDERJEET SINGH
Jaspal Singh Kumar – Appellant
Versus
Rishi Bhargav – Respondent
| Table of Content |
|---|
| 1. challenge to rent tribunal orders (Para 1 , 2 , 3) |
| 2. details of evidence presented (Para 4 , 5) |
| 3. contentions from both parties (Para 6 , 10 , 11 , 12 , 13) |
| 4. court's rationale for dismissing the writ (Para 14 , 15) |
| 5. final order of dismissal (Para 16) |
ORDER :
(Inderjeet Singh, J.)
Since these two writ petitions relates to the one and the same property and are assailing the orders passed by the Rent Tribunal as well as Appellate Rent Tribunal, hence with consent of the parties, both the writ petitions have been heard together and are being decided by the present common order.
2. The petitioner (to be referred as tenant) has filed these writ petitions challenging the order dated 07.09.2022 passed by the Appellate Rent Tribunal, Jaipur Metropolitan-II whereby the appeal No.37/2021 filed on behalf of the tenant against the order dated 06.08.2021 passed by the Rent Tribunal, Jaipur Metropolitan-II was dismissed and cross Appeal No.40/2021 filed on behalf of the respondents (to be referred as landlord) was allowed.
3. Brief facts of the case are that in the year 1975, the shop in dispute was taken on rent by the father of the tenant. The landlord filed eviction applicat
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, ....
The bona fide necessity for eviction of a tenant is assessed solely from the landlord's perspective, not the tenant's claims regarding the availability of alternative premises.
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.
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
