NAND KISHORE Vs. RAMESH GIDWANI

JUDGEMENT

(1.) This writ petition under Art. 227 of the Constitution of India has been filed by the petitioner/tenant, Nand Kishor, assailing the the order of learned Appellate Rent Tribunal, Jodhpur dated 21.09.2012 allowing landlord's Appeal No. 81/07, Ramesh Gidwani Vs. Nand Kishor , and directing eviction of the suit premises, shop situated at 4th B Road, Sardarpura, Jodhpur, which is prime business location of city of Jodhpur, and also pay the mesne profit at three times of rent presently payable by the defendant/tenant. However, the certificate of possession would not be enforceable for a period of six months and the mesne profit also at the rate monthly rate only, if the possession is handed over within three months.

(2.) The eviction suit was filed by the respondent/plaintiff, inter-alia, on the ground of bonafide and personal necessity of the plaintiff/landlord, Ramesh Gidwani. The learned Rent Tribunal, however, had rejected the Eviction Application No. 118/04- Ramesh Gidwani Vs. Nand Kishor vide its order dated 08.02.2007 finding on Issue No.2 that since the landlord was residing outside India and had returned to Jodhpur about 3-4 years ago and he was already doing business here, under the name and style of 'M/s Bahu Rani' in the adjacent shop, near the suit shop, therefore, it could not be said that he had bonafide need of the suit shop in question.

(3.) In the appeal filed by the landlord/respondent, the Appellate Rent Tribunal, however, reversed the finding of learned Rent Tribunal finding in para 13 onwards of the impugned order that the business in the name and style of M/s Bahu Rani was, in fact, that of wife of the plaintiff/respondent and he was only working as a salaried employee/manager of the said business and for establishing his own business, he was having bonafide need for eviction of the suit shop in question and thus the eviction decree was given by the Appellate Rent Tribunal. Aggrieved by the order of the Appellate Rent Tribunal, the present writ petition has been filed by the petitioner/tenant on 05.10.2012.