PURKHA CHAND Vs. SHIV PRATAP

JUDGEMENT

(1.) THE petitioner -tenant, Purkha Chand, has filed this writ petition under Article 227 of the Constitution of India being aggrieved by the order dated 29.09.2011 of learned Appellate Rent Tribunal, Hanumangarh allowing landlord's Appeal No. 78/2008 - Shiv Pratap v. Purkha Chand, preferred against the order dated 05.09.2008 passed by Rent Tribunal (Civil Judge), Sr. Division, Hanumangarh, whereby the petition (Petition No. 2/07) filed by the respondent landlord, seeking eviction of tenant -respondent, Purkha Chand, came to be rejected in respect of suit shops, situated at Indira Chowk, Hanumangarh. The Appellate Rent Tribunal had reversed the findings of the learned Rent Tribunal vide order dated 05.09.2008 dismissing the eviction suit filed by the landlord. The eviction was sought by the landlord -respondent, Shiv Pratap, on the ground of bonafide need for his two sons, namely, Ghanshyam and Umesh. The landlord claimed that he needed the suit shops in question for setting up of business of 'Manihari' for his elder son, Ghanshyam and Laboratory for his younger son, namely, Umesh. The defendant -tenant is carrying on the business of selling bamboos in the two shops in question, which initially were let out to him in the year 1961 for a monthly rent of Rs. 15/ - each, total Rs. 30/ - per month.

(2.) LEARNED Appellate Rent Tribunal in its impugned order dated 29.09.2011 has discussed the rival contentions in para 9, from which it appears that the landlord had a business complex in which various shops were/are there. The two shops in question as per the map produced before this Court as Annex. 17 to the writ petition (Page 141 of the paper book) shows that the two disputed adjacent shops are measuring 12' x 12' and 12' x 10' respectively, in which the defendant -tenant is carrying on the business of selling bamboos in the name of style of M/s. Satyanaran Pawan Kumar. The north -west road in front of these two shops is called as 'Indira Chowk Road' and east -southern road is called as 'Sabji Mandi Road'. On the front of the said property, it appears that one 'Shaikh General Store' on the western side is there, measuring 12' x 55' of the premises. Behind the Shaikh General Store, the residential house of the landlord is there.

(3.) MR . R.R. Nagori, Sr. Advocate assisted by Mr. Alkesh Agarwal, learned counsel for the petitioner -tenant also urged that alternative shops had become available to the landlord during this litigation and, therefore, the landlord could have satisfied the need of his sons by establishing their respective business, as claimed in the eviction petition, in these two shops and, therefore, could not seek eviction of the suit shops from the petitioner -tenant as he (landlord) gave two shops to other persons on rent. There is no finding of un -suitability of these shops for the two sons of the landlord, which became available during the course of present litigation for two sons of the respondent -landlord.