RAMSWAROOP Vs. CHARANJEET SINGH

JUDGEMENT

(1.) IN the application under Section 9 of the Rajasthan Rent Control Act, 2001 (for short, `act of 2001') by the present respondents No. 1 to 8 (collectively for short, `the landlord') against the appellant (for short, `the tenant'), the Rent Tribunal, Ajmer on 8. 12. 2004 passed an order of eviction against the tenant. The tenant challenged the order dated 8. 12. 2004 before the Appellate Rent Tribunal, Ajmer. However that appeal was dismissed on 21. 9. 2006. The tenant then filed a writ petition before this Court under Articles 226 and 227 of the Constitution of INdia challenging the order of the Rent Tribunal dated 8. 12. 2004 and the order of the Appellate Rent Tribunal, Ajmer dated 21. 9. 2006. The said writ petition came to be dismissed by the Single Judge on 18. 12. 2006 and hence the appeal by the tenant.

(2.) THE landlord sought eviction of the tenant on the ground of reasonable and bonafide necessity, material alteration and change of user. According to the landlord the premises let out to the tenant were required for the purposes of the go-down since in the adjacent premises the landlord carries on business in the name of Amar Tent House. THE landlord also alleged that the tenant without their permission, constructed a pacca latrine and bathroom on the chabotara outside the rented premises. THE landlord also alleged that though the subject premises were let out to the tenant for residence, in breach thereof, he was started shoe shop.

(3.) THE Rent Tribunal by its order dated 8. 4. 2004 permitted cross examination of the dependents only with regard to issue No. 5. No cross examination was permitted in respect of issues No. 1 to 4.