POONAM CHAND BHATI Vs. CHHOTI DEVI

JUDGEMENT

(1.) Instant writ petition has been filed under Article 227 of the Constitution of India against the order dtd. 30/1/2016 passed by Appellate Rent Tribunal (for short "ART"), Jaipur Metropolitan in Appeal No. 103/2013 titled as 'Chhoti Devi v. Poonam Chand Bhati', whereby the learned ART reversed the finding qua bonafide necessity arrived at by the learned Rent Tribunal, Jaipur Metropolitan, Jaipur in the Original Petition No. 1006/2006 vide order dtd. 12/7/2013 and allowed the eviction petition filed under Sec. 9 of the Rajasthan Rent Control Act, 2001 (for short "RRCA") in favour of the present respondent.

(2.) Learned counsel for the petitioner-tenant submits that the shop in question was let out to the petitioner-tenant in the year 1975. The petitioner-tenant was regularly paying the rent amount, but without any rhyme and reason, a legal notice dtd. 1/4/2005 was given by late Smt. Chhoti Devi (the landlord) through her counsel for default in rent, for non using of rented premise, for bonafide necessity of premise and on other grounds. Thereafter late Smt. Chhoti Devi filed a petition before Rent Tribunal under Sec. 6 and 9 of RRCA on various grounds. The petitioner-tenant denied all the averments made by late Smt. Chhoti Devi and the Rent Tribunal framed the following issues:-

(3.) Learned counsel for the petitioner-tenant has challenged the order dtd. 30/1/2016, primarily, on the following grounds:-