LAWS(RAJ)-2012-4-225

RUKHMAN SINGH Vs. TAKHAT SINGH

Decided On April 17, 2012
Rukhman Singh Appellant
V/S
Takhat Singh and Anr. Respondents

JUDGEMENT

(1.) THIS is an intra Court appeal filed by the writ petitioner of Writ Petition No. 998 of 2012 under Rule 134 of the Rajasthan High Court Rules against an order dt. 13.2.12 passed by Single Judge in aforementioned writ petition. Since the issue in question is a short one, we need not burden our order by narrating entire facts in detail.

(2.) IT is an eviction matter between landlord and tenant. The appellant is tenant whereas the respondent is landlord. The respondent filed a suit against the appellant for his eviction under the Rajasthan Rent Control Act seeking decree for eviction from suit accomodation on the ground of subletting, non -payment of rent and bonafide need. It was alleged that respondent (landlord) requires the accomodation for starting business of hotel. It was contested by the appellant. However, the Rent Tribunal decreed the suit holding the need of respondent to be bonafide. It was upheld in appeal and then lastly in writ petition in favour of landlord giving rise to filing of appeal by the tenant.

(3.) MERE perusal of the concluding para of the impugned order would go to show that appellant, who is a tenant has suffered eviction decree from the original Court, then upheld by the Tribunal as an appellate Court and lastly by the Writ Court. So it is a concurrent decree of evicition suffered by the appellant from all Courts.