RAMCHANDRA UDHAVDAS Vs. APPELLATE RENT TRIBUNAL KOTA

JUDGEMENT

(1.) INSTANT petition has been filed by the petitioner-tenant assailing the concurrent findings of fact recorded by the Rent Tribunal, Kota in its order dated 3.5.2008 (Ann.6)upholding the personal & bonafide necessity of non-petitioner/landlord.

(2.) APPLICATION under Section 9 of the Rent Control Act, 2001 was filed by the non-petitioner in the year 2005 wherein one of the grounds raised for eviction was personal & bonafide necessity of the landlord. After reply being filed by the petitioner, issues were framed by the Rent Tribunal, which are quoted as under : ...[VERNACULAR TEXT OMMITED]...

(3.) COUNSEL further submits that there was legal issue raised for consideration that demised premises was let out to the firm which was not impleaded as respondent and there was no personal & bonafide necessity of the respondent. As such, the very application filed before the Tribunal was not maintainable. However, both the Tribunals have recorded a finding in favour of the petitioner.