DEV KISHAN Vs. RENT APPELLATE TRIBUNAL

JUDGEMENT

(1.) THIS writ petition has been filed by the tenant ­ defendant against the judgment dgtd.26.5.2011 passed by the learned Rent Appellate Tribunal in Rent Control Appeal No.37/2011 -Suraj Prakash Soni V/s Dev Kishan whereby the learned Rent Appellate Tribunal rejected the appeal and upheld the judgment dtd.24.1.2011 passed by the learned Rent Tribunal, Jodhpur in Case No.167/2008 ­ Dev Kishan V/s Suraj Prakash Soni whereby the learned Rent Tribunal allowed the application under Section 9 of the Rajasthan Rent Control Act, 2001 in respect of suit shop situated at Ghoro Ka Chowk, Jodhpur.

(2.) NONE present for the petitioner - tenant Dev Kishan, though name of Mr. Karunanidhi Vyas is shown in the cause list. The learned counsel for the respondent ­ Landlord Mr.J.R. Patel submitted that against the concurrent decree of eviction by the Rent Tribunal and the Rent Appellate Tribunal on the ground of bonafide necessity and default. The writ petition of the defendant ­ tenant is not maintainable and no ground is made out for interference in the findings of facts by the Tribunals.

(3.) HAVING heard the learned counsel for the respondent Mr. J.R. Patel and upon perusal of the orders of both the Tribunals below, this Court does not find any ground to interfere with the concurrent findings of two Courts below. The writ petition is, therefore, liable to be dismissed and eviction decree deserves to be upheld on the ground of bonafide need of the landlord.