SOHAN LAL SHARMA Vs. LRS. OF KUNNA RAM

JUDGEMENT

(1.) This writ petition is filed by the petitioner being aggrieved with the judgment dtd. 7/5/2022 passed by the Appellate Rent Tribunal, Jodhpur Metropolitan (hereinafter to be referred as 'the Appellate Tribunal'), whereby the appeal preferred on behalf of petitioner has been dismissed and the judgment dtd. 5/7/2017 passed by the Additional Chief Judicial Magistrate (Rent Tribunal) Jodhpur Metropolitan (hereinafter to be referred as 'the Rent Tribunal') has been affirmed and the petitioner has been directed to handover the peaceful and vacant possession of the premises in question to the landlord within a period of six months from the date of passing of the impugned order.

(2.) Brief facts of the case are that the landlord Kunna Ram preferred an application under Sec. 6, 9(a) and (i) of Rajasthan Rent Control Act, 2001 (hereinafter to be referred as 'the Act of 2001') against the petitioner seeking eviction from a shop situated near to Bombay Motor's Company, Residency Road, Jodhpur (hereinafter to be referred as 'shop in question'). The said application was filed on the ground of default in making payment of rent as well as of bonafide necessity. Kunna Ram also sought revision of rent under Sec. 6 of the Act.

(3.) It is averred that the shop in question was let out to the petitioner in the year 1987 on monthly rent of Rs.1800.00, in which the petitioner is carrying on business in the name of S.L. Sharma. It is further averred in the eviction petition that the petitioner paid the rent only up to 31/10/2003 and thereafter on being asking time and again, the petitioner did not pay the agreed rent and therefore, a notice dtd. 18/3/2004 was sent to him to end the tenancy w.e.f. 31/3/2004 on the ground of reasonable and bonafide necessity. It is further averred that in response to the said notice, the petitioner filed a false and frivolous reply on 15/4/2004 and a rejoinder to that reply was sent to the petitioner, but despite that the petitioner did not pay the rent at the agreed rate within the fixed time, so the petitioner is liable to vacate the shop in question on the ground of default in payment of the rent.