SHANKAR LAL SINGHVI Vs. KHAIROON AND ORS.

JUDGEMENT

(1.) FEELING disdained by the impugned judgment and order dated 17th September, 2014 of the learned Single Judge, appellant -tenant has laid this intra -court appeal. By the impugned judgment and order, the learned Single Judge allowed the writ petition of the respondents -landlords by setting aside the judgment and order dated 18th November, 2011 passed by the learned Appellate Rent Tribunal, Bhilwara, restoring the order of eviction and revision of rent dated 15th April, 2009 passed by the learned Rent Tribunal, Bhilwara.

(2.) THE facts apposite, for the purpose of this appeal, are that the respondents -landlords filed an application under Sections 6 and 9(i) and (k) of the Rajasthan Rent Control Act, 2001 (for short, 'Act of 2001') before the Rent Tribunal, Bhilwara for revision of rent and eviction of appellant from the rented premises on the ground of bona fide requirement and non -user of premises without reasonable cause for a continuous period of more than six months immediately preceding the institution of the application. The application laid by the respondents -landlords was contested by the appellant by filing reply. Subsequently, the respondents also submitted additional pleadings.

(3.) AFTER considering the evidence of rival parties, the learned Rent Tribunal, vide its judgment and order dated 15th April 2009, allowed the application of the respondents -landlords by revising the rent @ Rs. 1650/ - per month from the date of filing of the application and further ordered enhancement of rent @ 5% per annum as per the provisions of the Act of 2001. The learned Rent Tribunal also ordered eviction of the appellant -tenant from the rented premises, while deciding ground of bona fide necessity in favour of respondents -landlords as well as for non -user of the premises. A certificate to this effect was issued by the learned Rent Tribunal.