HARISH BALECHA Vs. VIKAS KUMAR BAMB

JUDGEMENT

(1.) This petition has been filed by the non applicant-petitioner challenging the judgment dated 31.1.2017 passed by the Rent Appellate Tribunal, Jaipur Metropolitan affirming the judgment dated 23.11.2015 passed by the Rent Tribunal, Jaipur.

(2.) The applicants then filed the eviction application on the ground of personal and bonafide necessity and default in payment of monthly rent. On service of the notice the non applicant filed a reply of denial. The title of the landlord was denied as was the alleged attornment of the tenant premises by the applicant. It was submitted that the rent was being paid to the legal representatives of late Prabhu Lal, the lawful landlords and hence no default in payment of rent could be made out. In the alternative all the applicants were stated to be in the jewellery business in Jaipur and therefore, having no bonafide and reasonable necessity of the shop in question. The maintainability of the eviction petition without impleading four daughters of late Prabhu Lal namely Leela, Sita, Kanchan and Poonam, purportedly necessary parties was also questioned.

(3.) The non applicants in their rejoinder negated the reply and the averments therein. All defences in the reply were stated to be false and founded on forged receipts of rent purportedly issued by the "landlord".