ASHOK CHOUHAN Vs. GANPATI PLAZA

JUDGEMENT

(1.) This writ petition is filed by the petitioner being aggrieved with the judgment dtd. 5/1/2021 passed by the Appellate Rent Tribunal, Udaipur (hereinafter to be referred as 'the Appellate Tribunal'), whereby the appeal preferred on behalf of respondent has been allowed and the judgment dtd. 24/7/2019 passed by the Additional Chief Judicial Magistrate (Rent Tribunal) Udaipur (hereinafter to be referred as 'the Rent Tribunal') has been set aside and the petitioner has been directed to vacate the premises in question within a period of six months from the date of passing of the impugned order.

(2.) Brief facts of the case are that the respondent preferred an application under Sec. 9(a)(i)(m) of Rajasthan Rent Control Act, 2001 (hereinafter to be referred as 'the Act of 2001') against the petitioner seeking eviction from a shop situated in a building at 15, Residency Road, Udaipur. The said application was filed on the ground of default in making payment of rent as well as of bonafide necessity.

(3.) It was contended on behalf of the respondent that it purchased a building situated at 15 Residency Road, District Udaipur from the erstwhile owner on 17/8/2002 and in that building there is one shop, which has been let out to the petitioner/tenant by the earlier owner. The description of the shop was given in para 3 of the application.