- (1.) BY the judgment dated 22.10.2008 learned Rent Tribunal, Bhilwara accepted the application preferred by the respondent landlord as per Section 6 read with Section 9(J) of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as "the Act of 2001") and issued a certificate for recovery of possession of rented premises and revision of rent. The judgment and certificate above came to be affirmed by learned Appellate Rent Tribunal, Bhilwara vide judgment dated 2.11.2011, hence this petition under Article 227 of the Constitution of India.
(2.) BRIEFLY stated, facts of the case are that the petitioner, a practicing Tax Consultant at Bhilwara occupied a rented premises on 1.3.1980 with monthly rent of Rs.180/ . The rent was increased time to time and since April 1st, 1998 i.e. @ Rs.500/ per month. The premises is situated in "Sadar Bazar, Bhilwara" in a commercial building. The building was purchased by the respondent landlord in the year 1996. The respondent landlord preferred an application before the Rent Tribunal, Bhilwara on 19.12.2003 for eviction of the premises and also for revision of rent. The eviction was sought on the ground of change of the use for which the premises was rented out. As per the landlord the premises was rented out for residential purpose but the tenant after having his own residential accommodation shifted there and using the rented premises for commercial use. A reply to the application was filed by the petitioner tenant with assertion that the premises was never utilised for residential purpose but for commercial purpose i.e. of running his office.
(3.) ON basis of the pleadings the Tribunal framed five issues as under: 1.Whether the disputed premises was taken on rent by the non applicant 35 years back with a rent of Rs.300/ per month? 2.Whether the applicant is entitled for getting the rent revised by Rs.2200/ per month? 3.Whether the non applicant has constructed sufficient and suitable premises to meet his need? 4.Whether the disputed premises was taken on rent for residential purpose and the non applicant has started using the same for commercial purpose? 5.Relief? ;