VIJAY KUMAR Vs. BALJEET SINGH

JUDGEMENT

(1.) THIS petition challenges the judgment dated 24.9.2014 passed by the Appellate Rent Tribunal, Jaipur Metropolitan, Jaipur whereby the judgment dated 12.10.2011 passed by the Rent Tribunal, Jaipur Metropolitan, Jaipur dismissing the respondent landlord's (hereinafter 'the landlord') eviction petition under section 9(k) of the Rajasthan Rent Control Act, 2001 (hereinafter 'the Act of 2001') has been set aside and the eviction of the petitioner tenant (hereinafter 'the tenant') directed while simultaneously issuing a certificate of possession in favour of the landlord.

(2.) THE relevant facts briefly stated are that the landlord filed an eviction petition on 1.2.2007 under section 9(k) of the Act of 2001 against the tenant before the Rent Tribunal, Jaipur Metropolitan, Jaipur stating that since 5.8.2004 the Dental Clinic of the tenant in the rented premises was closed (over two years) and consequently the tenant was liable to be evicted on the ground of non -user for a continuous period of more than six months preceding the date of filing of the eviction petition. Inevitably on receipt of notice, a reply of denial was filed by the tenant. It was stated that the tenant was in regular use of tenanted premises for his business/ profession and the eviction petition was a mere abuse of the process of the Court in as much as the earlier suit for eviction filed by the landlord under the Rajasthan Rent Control Act, 1950 (hereinafter 'the Act of 1950') on the ground of default, sub -letting and bonafide and reasonable necessity had been dismissed by the Addl. Chief Judicial Magistrate No.6, Jaipur City, Jaipur on 9.12.2003, as was the appeal there -against by the Addl. District Judge No.6, Jaipur Metropolitan, Jaipur on 5.8.2004. Albeit a second appeal under section 100 CPC at the instance of the landlord was pending before this Court. It was stated that the landlord was determined to somehow obstruct the use of tenanted premises and in -fact on an application made by the tenant before the Munsif (East) Jaipur vide order dated 30.5.1989 it was directed that the tenant be allowed to use and enjoy the tenanted premises and water connection thereto be restored /allowed without express consent of the landlord.

(3.) ON the basis of the pleadings of the parties the Rent Tribunal, Jaipur Metropolitan, Jaipur framed two issues which loosely translated were: