Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dated 19.7.13 of the Appellate Rent Tribunal, Jodhpur Metropolitan City, whereby an appeal preferred by the petitioner u/s. 19 of the Rent Control Act, 2001 ("the Act") against the order dated 15.4.09 passed by the Rent Tribunal, Jodhpur Metropolitan City, dismissing the petition preferred by the petitioner under Section 9 of the Act, seeking eviction of the respondent from the rented premises, stands dismissed.
(2.) THE petitioner -landlord filed a petition u/s. 9 & 6 of the Act before the Rent Tribunal, Jodhpur Metropolitan City, for eviction of the respondent -tenant from the premises, a shop, on the ground of reasonable and bona fide requirement as also for recovery and revision of rent. The petition was contested by the respondent by filing a reply thereto. After due consideration of the evidence on record and the rival submissions, the Rent Tribunal arrived at the finding that the reasonable and bona fide requirement of the premises as pleaded by the landlord is not proved and therefore, the petition seeking eviction of the respondent -tenant was dismissed. However, a petition for revision of the rent was allowed and the rent of the premises has been assessed at Rs. 512/ - per month with the enhancement @ 5% per annum in terms of provisions of Section 6(3) of the Act.
(3.) AGGRIEVED by the dismissal of the petition seeking eviction of the tenant, the petitioner preferred an appeal under Section 19 of the Act before the Appellate Rent Tribunal. The findings arrived at by the Rent Tribunal regarding reasonable and bona fide requirement of the premises has been affirmed by the Appellate Rent Tribunal by the order impugned. Hence, this petition.;