SHARDA SHARMA Vs. BANWARI LAL AGRAWAL

JUDGEMENT

(1.) Under challenge in the instant writ petition is the judgment & decree passed by the Appellate Rent Tribunal, Jaipur dt.17-8-2010 dismissing the appeal filed by the petitioner (to be referred as "landlady") against the judgment & decree passed by the Rent Tribunal dt.7-7-2008 whereby the eviction application filed by the landlady was dismissed.

(2.) Brief facts of the case are that the shop in dispute ("suit shop") was given to the respondent no.1 (to be referred as the "tenant") on monthly rent of Rs.525/-. On 30-6-2000 husband of the landlady namely Sh. Nathu Lal stood retired from service from the Central Cooperative Bank. The landlay filed eviction application in the year 2003 before the Rent Tribunal, Jaipur under Section 9 of the Rajasthan Rent Control Act, 2001 (to be referred as the "Act of 2001") for eviction of the tenant from the suit shop on the grounds of reasonable & bonafide necessity for husband's business to run photostat & typing shop to take care of their livelihood as they are not having any source of income since her husband after retirement was not receiving any pension and the amount of PF & gratuity & leave encashment was incurred from time to time in solemnizing/performing marriage of their four daughters & now they have finally exhausted and want the suit shop for the said purpose.

(3.) The tenant filed reply to the eviction application wherein while admitting the tenancy & also the amount of rent, denied the personal need & bonafide necessity of the suit shop by the landlady for her husband.