NATIONAL OFFSET PRINTING PRESS Vs. SUSHIL KUMAR

JUDGEMENT

(1.) Although, the matter comes up on an interim application (2/2022); but, on the request of learned counsels for the respective parties, the writ petition was heard on its merit at this stage.

(2.) This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the judgment dtd. 19/4/2021 passed by the learned Appellate Rent Tribunal, Sikar in Appeal No.11/2020: Sushil Kumar and Anr. vs. National Offset Printing Press whereby, the appeal preferred by the respondents-Landlords (for brevity, 'the Landlords') against the judgment dtd. 26/2/2020 passed by the learned Rent Tribunal, Sikar in Rent Application No.41/2017: Sushil Kumar and Anr. vs. National Offset Printing Press dismissing the application filed by the Landlords under Sec. 9 of the Rajasthan Rent Control Act, 2001 (for brevity, 'the Act of 2001'), has partly been allowed and a recovery certificate has been issued.

(3.) The facts in brief are that the Landlords filed an application under Sec. 9 of the Act of 2001 against the petitioner (tenant) seeking his eviction from the suit shop on the grounds of subletting and reasonable and bonofide necessity. The application did not find favour of the learned Rent Tribunal, Sikar and came to be dismissed vide judgment dtd. 26/2/2020. In an appeal preferred thereagainst by the Landlords, the findings of the learned Tribunal were reversed qua issue no.1, i.e., reasonable and bonofide necessity of the Landlords for the suit premises and a recovery certificate has been issued.