SOHAN LAL Vs. ASHOK KUMAR GUPTA

JUDGEMENT

(1.) This writ petition has been filed by tenant Sohan Lal, assailing the order dated 02.02.2015 passed by the Appellate Rent Tribunal, whereby the order dated 28.05.2009 passed by the Rent Tribunal has been affirmed and the eviction petition filed by landlord was allowed.

(2.) Briefly stated, the facts of the case are that landlord (petitioner herein) filed petition for eviction of tenant (respondent herein), before the Rent Tribunal from the rented premise described in para 3 of the eviction petition. The petition was filed on the ground of personal bona-fide necessity asserting that landlord wants to start business of sanitary and pipe fittings in the rented premise. In reply to the aforesaid application, tenant denied all allegations and asserted that landlord has no bona-fide necessity of rented premise. He asserted that in fact the landlord has already started business in the name and style of Shri Vinayak Agro Private Limited. Landlord filed rejoinder thereto and denied all the aforesaid averments.

(3.) Shri Bihari Lal Agarwal, learned senior counsel for tenant argued that the courts below have miserably failed to consider that landlord Ashok Kumar has already started his business in the name of Shri Vinayak Agro Private Limited. The law is well settled that if necessity of a person as defined in the suit, stands satisfied, then the suit cannot be decreed on that ground. Both the courts below did not consider the documentary evidence i.e. photographs produced on record as Exhibit-A7 and Exhibit-A8, which clearly show that landlord has already started business in the name of Shri Vinayak Agro Private Limited, which is clear from the wedding invitation card of the daughter of landlord, produced on record as Exhibit-A6 and Exhibit-A13, wherein the address of the said firm is shown. This proves that he had already started the business and the bona-fide necessity did not exist at the time of filing of the eviction petition. Learned senior counsel for petitioner, in this behalf, referred to invitation card of marriage of daughter of landlord, which took place on 09.02.2004, in which, apart from Shri Vinayak Store and Agro Centre, Agra Gate, Ajmer, one more firm, namely, Shri Vinayak Agro (Pvt.) Limited, Agra Gate, Ajmer, has been mentioned as a business firm of the landlord.