HARI KISHAN Vs. APPELLATE RENT TRIBUNAL

JUDGEMENT

(1.) This writ petition has been preferred by the non-applicants tenants against the order dated 04.11.2006 (Annex.4) passed by the Appellate Rent Tribunal, Bikaner in Appeal No. 151/2005 whereby the learned Appellate Tribunal has affirmed the certificate for recovery of possession issued by the Rent Tribunal, Bikaner on 24.09.2005 (Annex.3) while allowing petition for eviction filed by the respondent-landlord (Case No. 146/2004) on the grounds that the demised premises were rendered unsafe and unfit for habitation; and that the tenants have acquired possession of suitable alternative premises, adequate for their requirement.

(2.) The learned Rent Tribunal and the Appellate Tribunal have concurrently found that the suit shop was let out to Tillu Ram, father of the petitioners Nos. 1 to 3 and husband of petitioner No. 4 on a rent of Rs. 90/- per month; that earlier a suit was filed against the tenant Tillu Ram for eviction on the grounds of default, bonafide requirement and sub-letting that was decreed by the trial court but the decree was reversed by the appellate court and a second appeal taken to this Court was pending; that during the pendency of the second appeal, about 400 square feet area of the shop in question was acquired by the Municipal Council for road widening and about half portion of the shop was dismantled and thereby the premises were damaged and were thrown open.

(3.) The applicant-landlord alleged that the displaced tenants were allotted different shops and the non-applicants too have been allotted shop No. 7 and they have started their business thereat; that the premises in question were in bad shape and the applicant wanted to raise new construction; and that the nonapplicants-tenants have carried out material alteration by raising pucca construction on a portion of the shop.