DAMODAR BANG Vs. GOVIND SINGH

JUDGEMENT

(1.) This writ petition has been filed by the petitioners aggrieved against the order dtd. 28/6/2022 (Annex.5) passed by the Rent Tribunal, Jodhpur Metro, whereby, the application filed by the petitioners under Sec. 15(6) of the Rajasthan Rent Control Act, 2001 ('the Act'), has been rejected.

(2.) The proceedings for eviction were initiated by the respondents - landlord against the petitioners seeking eviction from the shop in question. The petition was filed under provisions of Sec. 9(i) and 9(j) of the Act indicating bonafide necessity of the landlord to expand the existing hotel into a 4 star hotel.

(3.) During pendency of the petition, the petitioners filed an application under Sec. 15(6) of the Act inter alia suggesting that as the petitioners have claimed in the petition that they would seek eviction of all other tenants from the Pipad House, of which, the premises involved in the petition was a small part, the petitioners were prepared to give an undertaking and get a decree passed that as and when the landlord gets all other tenants evicted from the Pipad House and starts demolishing the property in question, they would vacate the premises and, therefore, the landlord be called upon to settle the issue raised on the said proposal given by the petitioner.