NARAIN DAS Vs. RENT APPELLATE TRIBUNAL AND ORS.

JUDGEMENT

(1.) This petition is directed against order dt. 15.5.15 passed by the Appellate Rent Tribunal, Rajsamand, whereby the appeal preferred by the petitioner against the order dt. 14.12.09 of the Rent Tribunal, Rajsamand, allowing the petition seeking eviction of the fourth respondent/tenant and the petitioner/subtenant from the rented premises, stands dismissed. The facts relevant are that third respondent, Kumawat Samaj, filed a petition under Sec. 9 of Rajasthan Rent Control Act, 2001 (for short "the Act") against the fourth respondent and the petitioner herein, on the grounds of default in payment of rent, reasonable and bona fide requirement and sub letting.

(2.) The premises was let out by the third respondent to the fourth respondent, however, it was averred that the premises has been sub let by the fourth respondent to the petitioner herein. The petition was contested by the petitioner taking the stand that he is in occupation of the land measuring 687.41 sq. yard, comprising Arazi No. 1649, which is entered in the revenue record as Abadi land in the name of Municipal Board, Rajsamand and not the land comprising Arazi No. 1670 owned by the third respondent. It was averred that the petitioner had applied for regularisation of his possession over the land in question and as per the directions of Municipal Board, Rajsamand, he had deposited regularisation charges a sum of Rs. 40,930/ - vide challan No. 15 dt. 20.12.2000. The petitioner claimed that he had taken sawmill and ginning machines on contract basis from the fourth respondent herein and not the premises in question and therefore, he cannot be said to be sub tenant of fourth respondent.

(3.) The fourth respondent in its reply to the petition while admitting the landlord and tenant relationship, stated that at the premises in question, a sawmill and two ginning machines were installed, which has been given on contract basis to Narain Das, the petitioner herein and the premises is presently in his actual occupation.