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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
BIPIN GUPTA
Pratap Singh Hada S/o Shri Chandra Singh Hada – Appellant
Versus
Rajkumar Jhamb S/o Late Shri Ramlal Jhamb – Respondent
JUDGMENT :
BIPIN GUPTA, J.
1. The present writ petition has been preferred assailing the judgment dated 06.10.2016, passed by learned Appellate Rent Tribunal, Kota, in Rent Appeal No. 75/2015, whereby the learned Rent Appellate Tribunal, while allowing the appeal preferred by the respondent-tenant, quashed and set aside the judgment dated 22.09.2015, passed by learned Rent Tribunal, Kota, in Rent Application No. 299/2005 (810/2014), whereby, the application filed under Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as the 'Act of 2001') by the petitioner-landlord was allowed.
2. Brief facts giving rise to the present writ petition are that the petitioner-landlord had filed an eviction petition under Section 9 of the Act of 2001, against the respondent-tenant, seeking eviction from the disputed shop on the ground of default, bonafide requirement, availability of alternative premises, sub-letting, nuisance and material alteration. It was contended that the premises were bonafidely required as the petitioner had two sons, namely Raghuraj Singh and Raghunandan Singh, who intended to start a business of auto parts and computer hardware from the disputed shops.
3.
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.
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, ....
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