ASHOK LALWANI Vs. APPELLATE RENT TRI. JODHPUR

JUDGEMENT

(1.) This writ petition is directed against judgment and order dated 11.04.2014 of the Appellate Rent Tribunal, Jodhpur, whereby an appeal preferred by the petitioner-tenant against the judgment and order dated 09.05.2012 passed by the Rent Tribunal, Jodhpur, allowing the petition preferred on behalf of the respondent-landlord under Section 9 of the Rajasthan Rent Control Act, 2001 stands dismissed.

(2.) The respondent-landlord filed a petition against the petitioner-tenant before the Rent Tribunal, seeking his eviction from a premises, alleged to be a "Garage". The eviction was sought on the ground of material alteration of the premises, sub letting and for putting the premises let out for the residential purpose to commercial use in terms of the provisions of Section 9(c), 9(e) and 9(h) of the Act respectively.

(3.) The petition was contested by the petitioner-tenant by filing a reply thereto. The stand of the petitioner-tenant was that the premise let out is not Garage, rather it is part of the shop let out to the petitioner by the respondent-landlord. It was averred that from very beginning the premises which is part of the shop let out to the petitioner is being used for storage of stationary goods. Regarding the material alteration, the stand taken by the petitioner was that for the protection of increasing dust, a glass door has been installed at the premises, which in no manner falls within the definition of material alteration and on account of value of the premises is not diminished in any manner. The factum of sub letting of the premises was also specifically denied.