MOHAMMED JAKIR Vs. MOHAMMED NAUSHAD

JUDGEMENT

(1.) This writ petition has been filed by the petitioner (hereinafter to be referred as "tenant") against the judgment and decree dtd. 19/3/2021 passed by the Appellate Rent Tribunal, Jaipur Metropolitan-I in Appeal No.43/2020 as well as against the judgment and decree of eviction dtd. 10/12/2019 passed by the Rent Tribunal, Jaipur in Eviction Application No.463/2006 (CIS-1069/2014).

(2.) Brief facts of the case are that the respondents (hereinafter to be referred as "landlords") filed an application under Sec. 9 of the Rent Control Act, 2001 (hereinafter to be referred as the "Act, 2001") before the Rent Tribunal for eviction of the tenant on the grounds of default in making payment of rent, personal and bonafide necessity of the landlords, nuisance and change of use by the tenant of the disputed shop for the purpose it was let out. The tenant filed reply to the eviction application and denied the averments made in the eviction application. The landlords also filed rejoinder to the reply. On the basis of the pleadings of the parties, the learned Rent Tribunal framed as many as five issues for consideration which read as under :- <IMG>JUDGEMENT_405_LAWS(RAJ)2_2022_1.JPG</IMG>

(3.) The landlords in support of their case examined PW1 Mohd. Naushad and PW2 Mohd. Irshad and produced certain documents and got the same exhibited as Ex.1 to Ex.14. The tenant in support of his counter to the eviction application examined DW1 Mohd. Zakir, DW2 Ahsan Khan and DW3 Niyaj Ahmed and produced documents and got the same exhibited as Ex.A1 to Ex.A11. The learned Rent Tribunal after recording the evidence of the parties on the issues so framed and examining the material which came on record and after hearing the parties passed the judgment and decree of eviction dtd. 10/12/2019.