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INDERJEET SINGH
Hazi Mohammed Ayub Khan – Appellant
Versus
Gulamuddin – Respondent
ORDER :
(Inderjeet Singh, J.)
This writ petition has been filed by the petitioner (hereinafter to be referred as 'Landlord') challenging the order dated 30.10.2021 passed by the Appellate Rent Tribunal, Ajmer whereby the appeal filed by the respondent (hereinafter to be referred as 'tenant') was allowed and the judgment and decree dated 06.10.2016 passed by the Rent Tribunal, Ajmer in favour of the landlord was set aside.
2. Brief facts of the case are that the landlord filed eviction application before the Rent Tribunal, Ajmer against the tenant on the ground of bona-fide need of the shop in dispute for his son i.e. Shabir Khan and the Rent Tribunal, Ajmer vide its judgment and decree dated 06.10.2016 allowed the eviction application filed by the landlord. Thereafter, the tenant filed appeal before the Appellate Rent Tribunal, Ajmer and the same was allowed and the judgment passed by the Rent Tribunal, Ajmer dated 06.10.2016 was set aside vide judgment dated 30.10.2021. Being aggrieved by the judgment dated 30.10.2021 the landlord has filed this writ petition.
3. Counsel appearing on behalf of the landlord submitted that the eviction application was filed by the landlord on the gro
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 established that a landlord's bona fide need for premises must be genuine, and the existence of alternate accommodations must be evaluated in context.
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.
Amendments to pleadings regarding bona fide necessity must be timely and relevant, and subsequent events do not negate the landlord's bona fide need for the premises.
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