Honble BALIA, J.–Having heard the learned counsel for the parties and perused the order under challenge, we are of the opinion that this petition deserves to be allowed without entering into challenge to the vires of Sec. 21 of the Rajasthan Rent Control Act, 2001.

(2). The petitioner is a tenant of respondent. The respondent filed an application for evicting the petitioner before the Rent Tribunal, Bhilwara. The eviction was sought on the ground that the applicant needs the suit premises for bona fide necessity of his own as well as for his son for constructing a big show-room for carrying on the business on the premises and that the applicant or his son does not have any other premises for carrying on the business. It has also been stated in the application that after including the two tenanted shops and the passage, the constructed show-room would ad measure 20 x 9 and he will not be able to carry on his business in a smaller premises. It was also stated that the tenant has separately established a provision shop on the southern side of the shop in question.

(3). The tenant-petitioner contested the application alleging that the applicant had another shop available to him in which

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