SAIYAD AHMED ALI AND ANR. Vs. MURLIDHAR PANDEY

JUDGEMENT

(1.) This writ petition is directed against order dt. 25.08.2011 of the Appellate Rent Tribunal, Bhilwara whereby an appeal preferred by the respondent/tenant against the judgment dt. 02.12.2006 of the Rent Tribunal, bhilwara allowing the petition preferred by the petitioners/ landlord under Secs. 6, 9 read with Section 15 of Rajasthan Rent Control Act, 2001 ("the Act"), has been allowed and the matter stands remanded to the Rent Tribunal, Bhilwara for decision afrest, after due consideration of the documents produced by the respondent/tenant, permitted to be taken on record by the Appellate Rent Tribunal while allowing the applications preferred under Order XXXXI Rule 27 CPC and other available evidence.

(2.) The petitioners preferred a petition seeking eviction of the respondent from the premises in question on the ground of reasonable and bona fide necessity of the petitioner No. 1 for the purpose of his family's residence and for establishing an office of consultancy. The application was contested by the respondent/tenant by filing a reply thereto.

(3.) On the basis of the pleadings of the parties, the Rent Tribunal framed the issues and parties led their evidence. After due consideration of the evidence on record, the Rent Tribunal found bona fide necessity of the petitioner No. 1 of the premises in question duly proved and accordingly, the respondent/ tenant was directed to be evicted from the premises in question. Aggrieved by the judgment of the Rent Tribunal and the certificate for recovery of possession issued in pursuance thereof, the respondent/tenant preferred an appeal before the Appellate Rent Tribunal.