SHAKILA AND ORS. Vs. ASHOK KUMAR AHUJA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Article 226 & 227 of the Constitution of India challenging the judgment dated 12.11.2014 passed by the Appellate Rent Tribunal, Kota whereby the appeal filed by the respondent (hereinafter referred to as 'landlord') was allowed and the judgment and decree passed by the Rent Tribunal, Kota dated 12.03.2010 was quashed and set aside.

(2.) Brief facts of the case are that the landlord filed an eviction application under Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as 'Act of 2001') before the Rent Tribunal, Kota for eviction of petitioners (hereinafter referred to as 'tenants') on the grounds of bona-fide and personal necessity, default in making payment of rent and also on the ground of subletting. It was also stated in the eviction application that the shop in dispute was given on rent to late Fahumuddin, husband of Shakila (petitioner no.1) in the year 1983 @ Rs. 450 per month and the original tenant Fahimuddin expired in the year 2001.

(3.) The tenants filed reply to the eviction application before the learned Rent Tribunal and denied the averments made in the eviction application and stated that the landlord is having alternative accommodation to run his business and prayed for dismissal of the eviction application.