Sangeet Lodha, J. - (1.) This writ petition is directed against the order dated 17.10.13 passed by the Appellate Rent Tribunal, Bikaner in Appeal No.67/08, whereby the order dated 24.1.08 of the Rent Tribunal, Bikaner in Rent Case No.8/04, allowing the petition seeking eviction and the certificate for recovery of possession issued pursuant thereto, stand affirmed.
(2.) The respondent/landlord filed a petition before the Rent Tribunal, Bikaner seeking eviction of the tenant, the respondent no.3 herein, from the rented premises, a shop, on the ground of default, sub letting and reasonable & bona fide necessity, in terms of provisions of Sections 9 (a), 9(e) and 9(i) respectively of the Rent Control Act, 2001( in short "the Act"). The sub tenant, the petitioner herein, was also added as party respondent in petition. The petition was contested by the petitioner by filing a reply thereto, claiming himself to be tenant in occupation of the premises. On the basis of the pleadings of the parties, the Rent Tribunal framed the issues and parties led their evidence.
(3.) After due consideration of the evidence on record, the Rent Tribunal found the grounds of default and reasonable & bona fide necessity are not proved. However, the ground of sub letting raised on behalf of the respondent-landlord was found duly proved and accordingly, the petition seeking eviction of the occupants from the rented premises was allowed by the Rent Tribunal vide judgment and order 24.1.08.;