MANISH SHARMA Vs. HANSRAJ

JUDGEMENT

(1.) The present petition has been filed under Art. 227 of the Constitution of India to assail the order dated 13.11.2010 passed by the Rent Tribunal, Ajmer along with order dated 12.8.2016 passed by the Rent Appellate Tribunal, Ajmer.

(2.) Mr. S.K. Saksena, the learned counsel for the petitioner has submitted that two courts below have committed error to order eviction of the petitioner on the ground of personal necessity. The learned counsel for the petitioner has submitted that the respondent Hansraj appeared as P.W.1 in the court and stated that the premises was let out by his mother Smt. Shanti Devi and she has been receiving rent. The learned counsel for the petitioner has submitted that perversity on the part of the two courts below is discernible, as two courts below ignored the fact that the petitioner had deposited the rent in the account of respondent Hansraj in pursuance of the notice received on 30.8.2005 from Smt. Shanti Devi mother of the respondent Hansraj. The learned counsel for the petitioner has submitted that the petitioner was not aware that the account in which rent was being deposited belonged to the respondent Hansraj, accepted by two courts below as landlord qua the petitioner tenant.

(3.) Mr. Raeshm Bhargava, the learned counsel for the respondent has read the definition of landlord under Sec. 2(c) of the Rajasthan Rent Control Act, 2001.