SHANTI DEVI AND ANR. Vs. PRESIDING OFFICER, RENT APPELLATE TRIBUNAL, BHILWARA AND ORS.
LAWS(RAJ)-2015-12-134
HIGH COURT OF RAJASTHAN
Decided on December 03,2015

Shanti Devi And Anr. Appellant
VERSUS
Presiding Officer, Rent Appellate Tribunal, Bhilwara And Ors. Respondents

JUDGEMENT

Sangeet Lodha, J. - (1.) This petition is directed against order dated 13.4.15 of the Appellate Rent Tribunal, Bhilwara, whereby an appeal preferred by the second respondent against the order dated 31.8.12 passed by the Rent Tribunal, Bhilwara in Rent Case No.104/07, dismissing the petition for eviction preferred by the second respondent, has been allowed and accordingly, the petitioner is directed to be evicted from a commercial premises.
(2.) The second respondent filed a petition seeking eviction of the petitioner from a commercial premises, a shop, on the ground that the premises has become unsafe for human habitation and it being useful for commercial use, there is reasonable and bona fide requirement thereof for reconstruction of a commercial building. That apart, the eviction was also sought on the ground of sub-letting. The petition was contested by the petitioner by filing a reply thereto.
(3.) On the basis of the pleadings of the parties, the Rent Tribunal framed the issues and parties led their evidence. After due consideration of the evidence on record, the Rent Tribunal found that any of the grounds set out in the petition for eviction of the petitioner is not proved and accordingly, dismissed the petition vide order dated 31.8.12. Aggrieved thereby, an appeal preferred by the second respondent before the Appellate Rent Tribunal has been allowed and the petitioner is directed to be evicted from the premises in question. Hence this petition.;


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