- (1.) BEING aggrieved by the judgment and certificate dated 03.09.2011 passed by learned Rent Appellate Tribunal, Jodhpur affirming the judgment and certificate dated 24.07.2009 passed by learned Rent Tribunal, Jodhpur, this petition for writ is preferred.
(2.) BRIEFLY stated, facts of the case are that the respondent-landlord vide notice dated 24.02.2005 sought eviction of the petitioner tenant from the rented premises on the count of bonafide necessity. In the notice aforesaid, it was averred on behalf of the landlord that Mr. Sohan Lal desires to open a shop of readymade garments, thus, the premises rented is required. Suffice to mention that in the notice aforesaid, it was also mentioned that as per the provisions of the Rent Control Act, 2001 (for short, hereinafter referred to as 'the Act of 2001'), the rent of the premises in question required to be determined as Rs.950/- per month. Subsequent thereto, the rent of the premises was enhanced to Rs.1050/- in the month of April 2005 with a condition that the rent shall be enhanced every year by 5%. The condition aforesaid is in consonance to the provisions of the Act of 2001. On being not getting the shop vacated despite service of notice, the tenant respondent preferred an original application before the Rent Tribunal, Jodhpur with the sole ground of bonafide necessity being available as per Section 9(i) of the Act of 2001. In return, the petitioner tenant came forward with the case that as a matter of fact, the landlord desires to enhance the rent of the premises in question and as such, bonafide necessity as claimed is false.
(3.) LEARNED Tribunal after examining the entire evidence available on record arrived at the conclusion that the necessity of the premises as advanced by the landlord is bonafide, therefore, issued a certificate of eviction. The appeal preferred by the tenant also came to be rejected on 03.09.2011, hence, this petition for writ is preferred.;