GOPAL SAHNI Vs. B.P. SHARMA

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner -tenant challenging judgment dated 07.01.2015 passed by Rent Appellate Tribunal, Jaipur Metropolitan, Jaipur(for short 'the Rent Appellate Tribunal') whereby the appeal filed by the respondent -landlord has been allowed and judgment dated 05.12.2012 passed by the Rent Tribunal has been reversed.

(2.) FACTS of the case are that a lease agreement was entered between the petitioner and the respondent in respect of suit premise on 12.05.2004 which is residential house on first floor of the building in question owned by the respondent at monthly rent of Rs. 9,500/ -. An application under Section 9 of the Rent Control Act, 2001(for short 'the Act') for eviction of the petitioner was filed by the respondent on the ground of bonafide necessity, material alteration and nuisance. According to the respondent, he was in bonafide necessity of the rented premise. Affidavits were filed of respondent Shri B.P. Sharma, landlord; Shri Rajesh Sharma and Smt. Archana as PW1, PW2 and PW3 respectively. The petitioner contested the application denying the averments made therein and stating that the respondent was not in a need of the rented premise, as he already had more than four rooms in his possession. The premise in question was constructed by the respondent only for the purpose of tenancy as was evident in the advertisement so published by the respondent. Alleged bonafide necessity of the son of the respondent was not real and was illusory as his son was well settled in Jhansi (MP) for last many years. Affidavits of Shri Gopal Sahni and Panna Singh were filed as DW -1 and DW -2 respectively.

(3.) THE Rent Tribunal on the basis of pleadings of the parties framed issues and after examining the evidence adduced by the parties and material on record, Rent Tribunal vide judgment dated 05.12.2012 dismissed the application for eviction filed by the respondent. Being aggrieved, the respondent -landlord preferred an appeal before the Rent Appellate Tribunal, which vide judgment dated 07.01.2015 allowed the appeal filed by the respondent -landlord and reversed the judgment passed by the Rent Tribunal dismissing the eviction application of the respondent -landlord. Hence, this writ petition has been filed by the petitioner -tenant.