LAWS(RAJ)-2018-7-213

DR. SHISHIL WILLIAM Vs. APPELLATE AUTHORITY

Decided On July 27, 2018
Dr. Shishil William Appellant
V/S
APPELLATE AUTHORITY Respondents

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Article 226227 of the Constitution of India against the order dated 23-4-2009 passed by the Appellate Rent Tribunal, Kota whereby the appeal (no.12/2007) filed by the respondent (now deceased, hereinafter to be referred as landlady) was allowed and the judgment and decree dated 13-10-2006 passed by the Rent Tribunal, Kota in favour of the petitioner (hereinafter to be referred as tenant) was set aside.

(2.) Brief facts of the case are that the landlady Smt. Usha Sharma filed application under section 69 of the Rajasthan Rent Control Act,2001 (hereinafter to be referred as the Act,2001) before the Rent Tribunal, Kota against the tenant on the ground of bona fide necessitypersonal need of the property in dispute and also on the ground of alternative accommodation being available to the tenant.

(3.) The tenant filed reply to the eviction application and denied the averments made in the application. It was further pleaded in the reply that the landlady is a retired government servant and having other property vacant where she can start her business.