ARJUN DAS Vs. MANDIR SHRI SIRAH BIHARI G

JUDGEMENT

(1.) By way of this writ petition, the petitioner-tenant has prayed for setting aside the judgment and order dated 14/12/2018 passed by the learned Appellate Rent Tribunal, Jaipur Metropolitan, Jaipur whereby the learned Appellate Rent Tribunal while dismissing the appeal of the petitioner-tenant has affirmed the order dated 02/09/2016 passed by the learned Rent Tribunal, Jaipur whereby it, while allowing the application filed by the respondent-landlord under Section 9 of the Rent Control Act, 2001, has issued possession certificate as against the petitioner- tenant.

(2.) Brief facts which have culled out from the writ petition are that the petitioner was a tenant by inheritance of the respondent- landlord. The premises in question was let out to the petitioner's father late Shri Giriraj Prasad Mali on 01/04/1963 and thereafter on death of Shri Giriraj Prasad Mali, the tenancy devolved on the petitioner's mother Smt. Bhagwani Devi and her two sons namely Murlimanohar and petitioner-Arjun Das.

(3.) An application was moved by the respondent-landlord before the learned Rent Tribunal seeking eviction of the rented premises under Section 9 of the Act of 2001 on the ground of default in payment of rent and on account of alternative accommodation having been available to the petitioner as mother of the petitioner has purchased part of Plot No.3, Ganesh Colony at Bas Badanpura, Jaipur and has constructed two floors with assertion that the petitioner and his family members are living in the aforesaid house. Both the brothers and their mother Smt. Bhagwani Devi were impleaded as the non-petitioners in the application moved by the trust of the temple Shri Saras Bihari Ji through the sole trustee.