ALOK SHARMA,J. - (1.) This petition has been filed by the non applicant-petitioner challenging the judgment dated 31.1.2017 passed by the Rent Appellate Tribunal, Jaipur Metropolitan affirming the judgment dated 23.11.2015 passed by the Rent Tribunal, Jaipur. Briefly stated the facts of the case are that the applicants-non petitioners (hereinafter 'the applicant') filed an application under Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter '2001 Act') against the non applicant-petitioner (hereinafter the 'non-applicant') stating that the shop in question was rented out to the non applicant by the erstwhile owner Prabhu Lal on a monthly rent of Rs. 650/- per month. On the death of Prabhu Lal, Smt. Padma Devi and son Vinod Kumar the successors of Prabhu Lal sold the house including the tenanted shop in question to Rameshwar Kumawat vide registered sale deed dated 27.10.2005. Thereafter, the said house including the shop in question and another shop was purchased by the applicants from Rameshwar Kumawat, vide registered sale deed dated 7.4.2006. On purchasing the house including the shop in question, the applicants informed the non applicant-respondent that rent thereof be paid to them. Yet despite the attornment the non applicant did not pay the monthly rent of the shop in question to the applicants and commenced default.
(2.) The applicants then filed the eviction application on the ground of personal and bonafide necessity and default in payment of monthly rent. On service of the notice the non applicant filed a reply of denial. The title of the landlord was denied as was the alleged attornment of the tenant premises by the applicant. It was submitted that the rent was being paid to the legal representatives of late Prabhu Lal, the lawful landlords and hence no default in payment of rent could be made out. In the alternative all the applicants were stated to be in the jewellery business in Jaipur and therefore, having no bonafide and reasonable necessity of the shop in question. The maintainability of the eviction petition without impleading four daughters of late Prabhu Lal namely Leela, Sita, Kanchan and Poonam, purportedly necessary parties was also questioned.
(3.) The non applicants in their rejoinder negated the reply and the averments therein. All defences in the reply were stated to be false and founded on forged receipts of rent purportedly issued by the "landlord".;