NILESH & ANR. Vs. SAREMAL & ANR.

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioners to challenge the impugned judgment and certificate dated 17.11.2012 (Annexs.-19 and 20, respectively) passed by the Appellate Rent Tribunal, Udaipur in Civil Appeal No. 16/2007 and prayed that the judgment and certificate passed by the Rent Tribunal, Udaipur may be restored.

(2.) As per facts of the case, respondent filed eviction petition before the Rent Tribunal, Udaipur against the petitioners on the ground of material alteration, nuisance and bona fide necessity under the Rent Control Act, 2001. After taking into consideration entire facts of the case the Rent Tribunal, Udaipur dismissed the eviction petition on the basis of appreciation of the evidence of PW-1 Saremal, PW-2 Lalit and PW-3 Pratap Singh and other documentary evidence placed on record and statements of NAW-1 Nilesh Sharma, NAW-2 Saroj Sharma, NAW-3 Prem Prakash and NAW-4 Narendra Kumar. According to the petitioners, two applications were filed before the Rent Tribunal under Section 21(3) of the Rent Control Act, 2001 for framing suggested points for determination but the same were rejected by the Tribunal vide order dated 20.5.2004 and order dated 24.5.2007. The Rent Tribunal, Udaipur dismissed the eviction petition vide its judgment dated 5.6.2007 while holding that the landlord applicant has not proved the point of determination with regard to bona fide necessity, material alternation and nuisance by the petitioner-defendants.

(3.) The respondent preferred appeal before the Appellate Rent Tribunal, Udaipur and the appellate Tribunal after hearing finally passed judgment in appeal on 17.11.2012 whereby the Appellate Rent Tribunal, Udaipur upheld the finding of the Rent Tribunal with regard to issue No. 2 whereby allegation was levelled by the respondent for material alteration and creating nuisance to decide the issue of bona fide necessity in favour of the respondent-appellant on illegal grounds.