RAMESH AMETA Vs. LRS. OF PADAM SINGH NAHAR

JUDGEMENT

(1.) This writ petition under Art. 227 of the Constitution of India has been filed by the petitioner aggrieved against the judgment dated 06.12.2014 passed by the Rent Tribunal, Udaipur ('the Rent Tribunal') and judgment dated 19.11.2015 passed by the Appellate Rent Tribunal, Udaipur ('the Appellate Rent Tribunal'), whereby the petition filed by the respondent-landlord for eviction of the petitioner from shop/garage has been accepted and appeal filed by the petitioner against the order passed by the Rent Tribunal has been dismissed respectively.

(2.) The petition seeking eviction was filed on 15.09.2003 by the respondent-landlord, inter alia, indicating bona fide requirement for construction of house, subletting and on account of the petitioner having obtained an alternative accommodation. The Rent Tribunal initially passed a judgment and recovery certificate on 30.01.2009, however, by judgment dated 03.02.2014, the appeal filed by the petitioner was allowed and the matter was remanded back directing grant of opportunity to cross-examine PW-2 Chandra Singh and PW-3 Satish and, thereafter decide the proceedings afresh. After remand by impugned order dated 06.12.2014, the Rent Tribunal came to the conclusion that the landlord has failed to prove reasonable and bona fide requirement of the premises and tenant has not sublet the premises, however, it came to the conclusion that the petitioner has obtained suitable alternative premises and based on its finding ordered for eviction of the petitioner.

(3.) Feeling aggrieved, the petitioner filed appeal. The landlord also filed cross-appeal. After hearing the parties, the Appellate Rent Tribunal dismissed both the appeals filed by the petitioner as well as landlord and upheld the judgment passed by the Rent Tribunal.