LAWS(RAJ)-2013-7-218

KHURSHEED Vs. SMT. MOHAMMADI AND ORS.

Decided On July 26, 2013
KHURSHEED Appellant
V/S
Mohammadi Respondents

JUDGEMENT

(1.) HEARD the counsel for the petitioner -tenant and the respondent -landlord. By the impugned order dated 11.01.2012, passed by the Rent Tribunal, Sikar and the order dated 16.03.2013, passed by the Rent Appellate Tribunal, Sikar, a case for the eviction of the respondent -landlord (hereinafter 'the landlord') has been found by the Tribunals below concurrently on the grounds of reasonable and bona fide necessity, default and denial of title.

(2.) A look at the petition impugning the aforesaid orders of the Tribunals below passed under the Rent Control Act, 2001 (hereinafter 'the Act of 2001') indicates that no challenge has been made to the findings of the Tribunals below on the landlord being entitled to an order of eviction and issue of certificate of possession on the ground of reasonable bona fide necessity. In this state of affair before this Court, in my considered view, the writ petition, which does not challenge the concurrent findings of the Tribunals below on the ground of reasonable bona fide necessity, has to fail even assuming the petitioner -tenant would have been able to make out a ground of perversity and illegality in respect of the findings of the Tribunals below with respect to the petitioner -tenant having committed default in payment of rent under Sec. 9(a) of the Act of 2001 and denial of title under Sec. 9(f) of the Act of 2001. Consequently, the writ petition is without force and the same is dismissed. Stay application also stands dismissed.