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SAMEER JAIN
Poonam Chand Bhati – Appellant
Versus
Chhoti Devi Now Deceased – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1) |
| 2. arguments by the petitioner (Para 2 , 3 , 4) |
| 3. court's analysis and scope of article 227 (Para 5 , 6) |
| 4. court's detailed reasoning on eviction necessity (Para 7 , 8 , 9) |
| 5. conclusion and dismissal of petition (Para 10) |
ORDER :
(Sameer Jain, J.)
Instant writ petition has been filed under Article 227 of the Constitution of India against the order dated 30.01.2016 passed by Appellate Rent Tribunal (for short "ART"), Jaipur Metropolitan in Appeal No. 103/2013 titled as 'Chhoti Devi v. Poonam Chand Bhati', whereby the learned ART reversed the finding qua bonafide necessity arrived at by the learned Rent Tribunal, Jaipur Metropolitan, Jaipur in the Original Petition No. 1006/2006 vide order dated 12.07.2013 and allowed the eviction petition filed under Section 9 of the RAJASTHAN RENT CONTROL ACT , 2001 (for short "RRCA") in favour of the present respondent.
2. Learned counsel for the petitioner-tenant submits that the shop in question was let out to the petitioner-tenant in the year 1975. The petitioner-tenant was regularly paying the rent amount, but without any rhyme and reason, a legal notice dated 01.04.2005 was given by late
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, ....
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.
The court affirmed that the tenant's failure to contest the landlord's bona fide need led to an adverse inference, emphasizing the limited scope of judicial review under Article 227.
The High Court upheld the trial court's rejection of an amendment to the written statement, affirming that such amendments are allowed only under specific conditions and do not alter the nature of th....
A single co-owner can initiate eviction proceedings against a tenant without the consent of other co-owners based on agency principles, supporting the maintainability of such petitions.
The necessity for eviction must be assessed at the time of the application, and not all subsequent events justify amendments to pleadings.
High Court under Article 227 set aside appellate reversal of rent control eviction order, holding it perverse for reappreciating evidence on landlord's bona fide ground floor shop need post-retiremen....
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