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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
MANEESH SHARMA
Rakesh, Son Of Late Munshiram Bhatnagar – Appellant
Versus
Marwadi Khatri Panchayat – Respondent
Order :
MANEESH SHARMA, J.
1. The present writ petition has been filed by the petitioners under Article 227 of the Constitution of India, assailing the order dated 20.02.2021 passed by the learned Rent Tribunal, Ajmer in eviction petition No.18/2009, titled as 'Marwadi Khatri Panchayat, Ajmer & Others vs. Rakesh & Another' whereby the eviction petition filed by the respondent-landlord under Section 9 of the Rajasthan Rent Tribunal Act, 2001 was allowed and affirmed by the learned Appellate Rent Tribunal, Ajmer vide order dated 08.05.2025.
2. The brief facts giving rise to the present writ petition are that the tenanted premises was let out on 02.03.1972. The respondent-landlord filed an eviction petition under Section 9 (b), (e), (i), (j) of the Rajasthan Rent Control Act, 2001 in the year 2009 on the grounds of: reasonable and bona fide necessity, stating that the tenanted premises was built about 100 years ago which the respondent-landlord wants to re-develop, uplift and expand the same in the interest and benefit of the society; acquisition of alternative accommodation by tenant No.2; sub-letting; substantial damage to the property; and illegal & unauthorized encroachment by th
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, ....
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.
Landlord's bona fide need for property doesn’t require dire necessity; tenant's livelihood claims must prove attempts for alternative accommodations.
The landlord's bonafide requirement for commercial use of residential property is valid if tenants are already using it commercially, and previous dismissals do not bar new petitions based on new evi....
The bona fide requirement for landlord's premises must be substantiated with evidence, and landlords retain the right to determine their needs for personal or business use.
Landlords must substantiate bona fide need for occupancy. Statutory provisions mandate proving availability of alternatives for tenants, with courts constrained in reconsidering factual findings.
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