Arun Bhansali, J. - (1.) This Writ Petition is directed against judgment and recovery certificate dated 3.11.2008 passed by the Rent Tribunal, Jodhpur and judgement dated 22.9.2014 passed by the Appellant Rent Tribunal, Jodhpur Metro, whereby, the application filed by the respondent-landlords claiming possession has been accepted and the appeal filed by the petitioners herein has been rejected respectively.
(2.) The fact in brief may be noticed thus - an application under Section 9(i) of the Rajasthan Rent Control Act, 2001 (for short 'the Act') was filed by the respondents-applicants before the Rent Tribunal, Jodhpur, inter alia, seeking possession of the suit shop on the ground of reasonable and bona-fide necessity. It was, inter alia, claimed that the suit premises were required by the applicant Cordhan Das for his own and that of his son Pradeep, for the purpose of hotel business; Gordhan Das used to serve with Azad Hind Hotel earlier and was unemployed and has experience of hotel business; Pradeep was temporarily serving at Dubai, however, the climate there does not suit his health and, therefore, he wants to settle at Jodhpur, he is married and have a son. It was claimed that the shop was purchased for the said requirement after spending huge money, the applicants requested the respondent-tenants to hand over the possession, however, they refused.
(3.) The Writ petitioners filed reply to the application before the Rent Tribunal and oppose the averments made in the application. It was claimed that there were contradictions in the document (sale deed) and the averments made in the application; the shop was taken on rent from father of Gopi Kishan Bohra; Gopi Kishan Bohra filed a suit for personal necessity, which was withdrawn; the grounds indicating reasonable and bona-fide requirement of Gordhan Das and his son Pradeep were denied, claiming the same to be baseless. It was also indicated that brothers of Gordhan Das were aged 65 and 67 years and their views were also quite old and, therefore, they cannot undertake business; their children are well settled at Dubai/in Government Service; the applicants No. 2 and 3 were doing business in a shop, which was situated hereby in the name of M/s. Bag Emporium and the applicants living in joint family; Gordhan Das was also working with the said M/s. Bag emporium; no documents whatsoever has been filed showing the fact that the climate at Dubai does not suit Pradeep.;