SURENDRA PATEL Vs. RENT APPELLATE TRIBUNAL

JUDGEMENT

(1.) IN this writ petition the petitioner-landlord tenant has challenged the orders passed by the Rent Tribunal dated 10.11.2004 by which the petition filed by the respondent under Section 10 for immediate possession on the ground of being a senior citizen has been allowed and a decree for eviction passed in favour of the landlord.

(2.) THE judgment and decree of the learned Rent Tribunal dated 10.11.2004 was challenged by the petitioner tenant in appeal before the appellate Tribunal and the appellate Tribunal by the impugned judgment dated 8.11.2005 has dismissed the appeal and hence this writ petition. As Section 19 of the Act of 2001 prohibits any further appeal or revision against the said judgment and decree of the appellate Tribunal is held to be final.

(3.) THE learned counsel for the petitioner has assailed the impugned judgment on the ground that the petitioner has been ordered to vacate the premises on the petition filed in terms of Section 10 by the non-petitioner claiming that she is a senior citizen. It is submitted that the respondent landlord has alternative accommodation available which is more suitable to the respondent- landlord looking to her age and health. It has also been contended that the petitioner is residing in the house which is owned jointly by her and her son. He therefore submits that Section 10 of the Act, 2001 has no application in the facts and circumstances.