HEERA LAL Vs. RENT TRIBUNAL BIKANER

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BRIEF facts of the case are that the plaintiffs/respondent No. 3 field a suit for eviction of his tenant petitioner under Section 9 (i) and 10 (c) of the Rajasthan Rent Control Act, 2001 (in short "the Act of 2001") alleging that the plaintiff is in need of the suit premises and since he is a senior citizen, therefore, also, he is entitled for immediate possession of the suit premises under Section 10 (c ). In addition to above, the plaintiff sought eviction of tenant in case, the landlord has incurred any permanent disability due to which he cannot use staircase and requires ground floor premises for his own residence. The Trial Court passed the decree for eviction of the tenant on the ground of personal need of landlord under Section 9 (i) and refused relief for immediate possession under Sections 10 (c) and 10 (3) of the Act of 2001. The petitioner's appeal against eviction decree was dismissed by the appellate Court.

(3.) ACCORDING to learned Counsel for the petitioner, when there is a specific provision available for seeking relief then unless a case is proved under those very provisions, the landlord cannot get relief under the other provisions of law.