ABDUL KHALID Vs. RENT TRIBUNAL, JODHPUR AND ORS.

JUDGEMENT

(1.) This petition is directed against order dated 4.4.08 passed by the Rent Tribunal, Jodhpur in Rent Case No. 419/05, consolidating the petition seeking eviction preferred by the petitioner against the tenants, the respondents No. 2 to 4 herein, with yet another petition being No. 63/07, preferred by the respondent No. 5 -Mustaffa, the brother of the petitioner, against the respondent No. 2 & 4 herein.

(2.) The relevant facts are that the petitioner filed a petition being No. 419/05, seeking eviction from the rented premises consisting of three rooms i.e. room Nos. 5, 6 & 7, against the respondents No. 2 to 4, before the Rent Tribunal, Jodhpur, on the grounds of reasonable and bona fide requirement of the premises, for his three sons namely, Yaya Khan, Mohd. Tahir and Mohd. Jahid, for doing business of lodging and boarding, material alteration and nuisance, in terms of provisions of Sec. 9(i), (d) & (e) of the Rajasthan Rent Control Act, 2001 (for short "the Act"), respectively.

(3.) The premises in question was owned by Abdul Shakoor, the father of the petitioner, who expired on 11.4.91 and after his death, on the strength of the Will executed by his father, the petitioner became exclusive owner of the property. After the death of the father of the petitioner, the respondents -tenants are paying the rent of the premises to the petitioner.