RIKHAB CHAND BOTHRA Vs. BASHIR AHMED

JUDGEMENT

(1.) HEARD learned counsels for the parties. The petitioners have filed the present writ petition aggrieved by the order of Appellate Rent Tribunal, Bikaner dated 24.03.2009 (Annex. 8) allowing respondent No. 1 - Bashir Ahmed's appeal No. 113/04 - Bashir Ahmed Vs. Rikhab Chand Bothra & Ors. reversing the order dated 24.07.2004 passed by Rent Tribunal, Bikaner decreeing the petitioners' eviction petition No. 67/03 - Rikhab Chand Bothra & Ors. Vs. Bashir Ahmed, which was filed on 11.11.2003. The review petition filed by the petitioners also came to be dismissed by the Appellate Rent Tribunal, Bikaner vide the order dated 01.08.2009 (Annex. 11).

(2.) THE petitioners (landlord) filed eviction petition u/s. 9 of the Rent Control Act, 2001 (for brevity, hereinafter referred to as 'Act of 2001') seeking eviction of two shops given in tenancy to the tenant -Bashir Ahmed, one in the year 1978 and another in the year 1984 @ Rs. 150/ - and 75/ - respectively. The eviction was sought by the petitioners on the ground of bonafide necessity of the landlord, nuisance created by the tenant -respondent, who was running band shop known as 'Panna Band' and on the ground of default in payment of rent.

(3.) THE respondent -tenant, Bashir Ahmed assailed the eviction decree dated 24.07.2004 by filing appeal before the Appellate Rent Tribunal, Bikaner, which reversed the findings of the Rent Tribunal on the said Issue No. 2 of bonafide necessity of the landlord, and in paras No. 12 to 15 of the impugned order dated 24.03.2009 (Annex. 8) has held that since after his heart attack, the petitioner shifted from Calcutta in the year 1994 and had been carrying on his plastic goods business for more than ten years, there was no occasion for filing the suit for eviction on the ground of bonafide necessity in the year 2003; and secondly, if he wanted to increase the income from his plastic business and undertake expansion of said business by seeking eviction of suit shops in question, there was no pleading to this effect in the plaint for eviction and consequently, the tenant's appeal came to be allowed by the Appellate Rent Tribunal, Bikaner vide the impugned order dated 24.03.2009.