- (1.) The present writ petition has been filed under Article 226/227 of the Constitution against the order of the Appellate Rent Tribunal, Kota dated 04.08.2009, whereby the rent petition filed under Section 9 of the Rajasthan Rent Control Act, 2001 by the landlord-respondent has been allowed and certificate of possession was issued.
(2.) Learned counsel for the petitioner Mr. Shiv Charan Gupta challenging the order of the Appellate Tribunal, submitted that the Appellate Tribunal has reversed the well-reasoned order passed by the Rent Control Tribunal on 04.10.2007 and the order impugned passed by the Appellate Tribunal is illegal and contrary to evidence led by the parties.
(3.) Arguing his case, learned counsel for the petitioner in principle made five submissions, (i) the petition was filed for bonafide necessity of Jitendra whereas he has not been examined; (ii) at the time of filing rent petition Jitendra was studying in Class-X. (iii) the petitioner was carrying business in the name and style of Synex and Sons and (iv) the landlord has let out the shop to the other person. (v) the necessity of the landlord has to be bonafide and genuine. ;