BHANWAR LAL Vs. SHANTI DEVI

JUDGEMENT

(1.) These two cross writ petitions have been filed by the landlord - Bhanwar Lal and tenant - Smt. Shanti Devi being aggrieved by the judgment and decree of eviction passed by the learned appellate Rent Tribunal, Bikaner on 3/8/2009 in appeal decree No. 225/2007. While the Rent Tribunal in eviction suit No. 13/2004 - Bhanwar Lal v. Shanti Devi had decreed the eviction of tenant from the suit premises. a 'Bada' given on monthly rent of Rs. 30/- to the tenant on the ground of default in payment of rent, the learned Rent Tribunal rejected the ground of bonafide need of the landlord for the said 'Bada' Such bonafide need was claimed by landlord Bhanwar Lal as he stated that he was running a sweet shop at Bikaner and kitchen for the said shop was situated in underground where 'Bhhatis' were to be burnt 8 to 10 times in a month and the heat & smoke causes trouble in the residential house situated over the sweet shop and, therefore, he bonafidely needed the empty plot of land ('Bada') measuring 38' x 20', at the back side, where the kitchen could be put up for the said sweet shop.

(2.) The learned Appellate Rent Tribunal in the appeal filed by the tenant, while reversing the findings of trial court i.e. Rent Tribunal on the ground of default in payment of rent & allowing the cross objection filed by the landlord under Order 41 Rule 22 CPC upheld the eviction decree on the ground of bonafide need of the landlord reversing the finding of Rent Tribunal by its impugned judgment dated 3/8/2009 & thus eviction decree was upheld on different ground, changing the ground of eviction.

(3.) Being aggrieved by the same, both the parties have approached this Court by way of separate writ petitions under Article 227 of the Constitution of India. The tenant, Smt. Shanti Devi, being aggrieved by the eviction decree on the ground of bonafide need of the landlord and landlord, Bhanwar Lal, being aggrieved by the reversal of the findings by the learned Appellate Tribunal on the issue of default of payment of rent.