BHEEMRAJ CHHAJER Vs. LRS. OF PREMARAM SUTHAR

JUDGEMENT

(1.) A challenge has been made by the petitioner-tenant (hereinafter referred to as 'tenant'), to judgment dtd. 13/11/2014 passed by Rent Tribunal, Jodhpur as affirmed by Appellate Rent Tribunal, Jodhpur Metropolitan on 23/9/2016. By the judgment dtd. 13/11/2014, Rent Tribunal directed that the tenant was liable to be evicted from the tenanted premises. It was further held that the landlords were entitled for revised rent at the rate of Rs.2,300.00 from the date of filing of the eviction petition. Further, the petitioner was directed to handover possession to the respondent-landlords within six months, failing which he would be liable to pay three times contracted rent in terms of Sec. 20 (3) of the Rajasthan Rent Control Act, 2001.

(2.) It is noticed that during the pendency of present writ petition, an application was filed on behalf of Kailash Bhati and Laxman Bhati (subsequent purchasers) and vide order dtd. 22/1/2020 passed by this Court, they were impleaded as party respondents in the present writ petition.

(3.) Learned counsel for the petitioner submits that eviction petition under Sec. 9 of the Rent Control Act was filed by the landlord for his personal and bonafide need of the subject property with an assertion that his son namely Rajendra would establish a factory of wooden furniture. He submits that the subject property has been sold to Kailash Bhati and Laxman Bhati during the pendency of petition, therefore, personal need of the original landlord no longer survives and in this view of the matter, the judgments dtd. 13/11/2014 and 23/9/2016 deserves to be quashed and set aside. Reliance was placed for the aforesaid contentions on the judgments passed in the cases of M/s. Martin and Harris (Pvt.) Ltd. and Anr. Vs. Prem Chand reported in 1996(3) WLC 461 and Wg.Com.H.K. Lal Vs. Satish Chand (Dr.) reported in 1996 (3) RLW 20.