FIRM ROOP PRAKASH ENTERPRIZES Vs. VIDHYA

JUDGEMENT

(1.) In this petition both under Articles 226 and 227 of the Constitution of India the petitioner has challenged the judgment dated 17th May, 2010 delivered by the Appellate Rent Tribunal, Jaipur partially upholding the order dated 14.2.2008 passed by the Rent Tribunal, Jaipur in Original Application No. 790/2004. The consequence of the judgment dated 17th May, 2010 is that the Original Application of the respondent landlord (hereinafter to be referred to as "the landlord") stands allowed and a certificate of possession issued against the petitioners tenants (hereinafter to be referred to as "the tenant").

(2.) Facts of the case are that the landlord filed a Original Application under Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter to be referred to as "the Act of 2001 ") against the tenant, inter alia, on the grounds of reason- able and bona fide need, non-user, default in payment of monthly rent and arrears of rent. The Rent Tribunal allowed the Original Application and issued a certificate of possession in favour of the landlord on all the four counts. In the appeal laid by the tenant before the Appellate Rent Tribunal it was pointed out that the Rent Tribunal had erred in deciding the issues relating to default in payment of monthly rent and arrears of rent against the tenant in spite of the landlord having abandoned the same grounds before the Rent Tribunal. The Appellate Rent Tribunal set aside the findings of the Rent Tribunal against the tenant on account of default and arrears of rent but on consideration of the matter, sustained the order of the Rent Tribunal on account of reasonable and bona fide need of the landlord and non-user of the tenanted premises by the tenant.

(3.) I have heard learned counsel for the petitioner and the respondents and perused the impugned judgment dated 17th May, 2010.