PANKAJ BHARGAVA Vs. RAMCHARAN CHAURASIYA

JUDGEMENT

(1.) Under challenge is the judgment passed by the Rent Tribunal, Ajmer on 26.10.2009 as affirmed by the Appellate Rent Tribunal, Ajmer (hereinafter 'the Appellate Tribunal') on 21.2.2017 directing issuing of certificate of possession of tenanted premises for the landlord and the tenant's eviction.

(2.) Perused the impugned judgments and heard counsel for the tenant as also the landlord.

(3.) Aside of generally asserting that the impugned judgment are illegal, perverse and based on no evidence, counsel for the tenant submitted that no clause of the rent note Exhibit -1 was violated entailing a ground of nuisance of the tenant's eviction being made out. Further the issue of nuisance was framed only at the time of rendering the judgment by the Rent Tribunal, nor the landlord Kailash required the tenanted premises for his bona fide and reasonable necessity. It was submitted that Kailash whose purported bona fide and reasonable necessity of the tenanted premises to run a hotel and restaurant was propagated, was neither unemployed nor required the premises. The whole case was a sham-falsely invoking grounds of eviction set out under Sec. 9 of the Rajasthan Rent Control Act, 2001 as Kailash had three other properties standing to his name which were all suppressed from the Court.