LAWS(RAJ)-2016-11-29

PRABHUNARAYAN SON OF LATE KAPOOR CHAND Vs. MANMOHAN NATANI SON OF LATE SHRI BHANWARLAL NATANI, BY CASTE MAHAJAN KHANDELWAL, RESIDENT OF JAIPUR NAGAR, CHAUKRI MODIKHANA, RASTA MANIHARAN, HOUSE NO. 561, JAIPUR

Decided On November 17, 2016
Prabhunarayan Son Of Late Kapoor Chand Appellant
V/S
Manmohan Natani Son Of Late Shri Bhanwarlal Natani, By Caste Mahajan Khandelwal, Resident Of Jaipur Nagar, Chaukri Modikhana, Rasta Maniharan, House No. 561, Jaipur Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ petition has been filed by non-applicant/petitioners assailing order dated 16.09.2009 passed by learned Rent Tribunal, Jaipur City, Jaipur, in Original Application No. 101/2006, filed under Sec. 9 of the Rajasthan Rent Control Act, 2001, whereby learned Rent Tribunal granted decree of eviction and that order has been affirmed by learned Appellate Rent Tribunal, Jaipur Metropolitan, in Civil Appeal No. 162/2009 decided vide judgment dated 05.12.2014.

(3.) On hearing learned counsel for the parties and perusing material on record, I find that the Rent Tribunal has decided the issue of reasonable and bona fide necessity in favour of the applicant/respondent and against the non-applicant/petitioner, which finding has been affirmed by the Appellate Rent Tribunal while dismissing appeal of the petitioner. So, there is current findings recorded by both the Courts below on the issues. There is no error or illegality in the judgments passed by both the Courts below. However, at this stage, under the instructions, learned counsel for non-applicant/petitioner made an alternative prayer and submitted that petitioner is tenant in the rented premise in question since long, therefore, he may be granted reasonable time period to make alternative arrangement because it is very difficult to take a premise on rent.