KAMAL DUBEY Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) DEFENDANT No. 1-tenant has preferred this writ petition under Article 227 of the Constitution, challenging the impugned orders dated 5th June, 2004 passed by the Rent Tribunal, Ajmer and dated 21st March, 2005 passed by the Appellate Rent Tribunal, Ajmer (Annexures 1 and 2 ). The Rent Tribunal passed a decree of eviction in favour of the plaintiff-respondent No. 1 in respect of the rented shop on the ground of personal bona-fide necessity and the Appellate Tribunal maintained the same.

(3.) THE defendants filed their reply/written statement and contested the application of the plaintiff pleading therein that the applicant has no necessity of the rented premise reasonably and bona-fide. THE plaintiff has ten other shops and some of them are in his possession where his sons may start their business. THE defendant No. 2, after the death of her husband, is running a business in the rented premise with the help of one servant and grandson. Shri Mani Dubey, grandson of defendant No. 2 Smt. Gomti Devi, is studying in BDS Course and, on completion thereof, will start his business in the rented premise after the death of the defendant No. 2, therefore, there will be a necessity of the rented premise for the business for Mani Dubey on completion of his BDS course. THE allegation regarding sub- tenancy was denied by the defendants. In support of the reply, the defendant No. 1 Kamal filed his own affidavit and the affidavits of Duli Chand and Panna Lal.