GULABI Vs. ASHOK KUMAR

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the judgment dtd. 26/9/2015 passed by learned Appellate Rent Tribunal, Ajmer (for brevity, "the learned Appellate Tribunal") whereby, while dismissing the Rent Appeal No.16/2014 preferred by the petitioners/non- applicants/tenants (for brevity, "tenants"), the final order dtd. 30/5/2014 passed by learned Additional Chief Judicial Magistrate, Rent Tribunal, Ajmer (for brevity, "the learned Rent Tribunal") allowing the original application No.822/2012 (168/2011) filed by the respondent/applicant/landlord (for brevity, "the landlord") under Ss. 6 and 9 of the Rajasthan Rent Control Act, 2001, (for brevity," the Act of 2001"), has been upheld.

(2.) The relevant facts in brief are that the landlord filed an application against the tenants seeking revision of rent and their eviction stating therein that the subject premises, comprising of a shop situated on ground floor of the property No.533/25 Ashagunj, Ajmer, was let out to Shri Naurat-husband of the tenant No.2 and father of the tenant No.1 on 10/12/2008 on rent @ Rs.650.00 per month for business of green grocery. It was averred that after expiry of Shri Naurat in January 2010, the tenants are occupying the subject shop. Their eviction was sought on the grounds of default in payment of rent and nuisance/doing of an act inconsistent with the purpose for which the subject shop was let out.

(3.) The tenants in their joint reply submitted that they are occupying the subject premises as tenants since the time of Shri Naurat Rawat, i.e., grandfather of the tenant No.1. Any default of payment of rent or commission of nuisance was denied.