ARUN BHANSALI,J. - (1.) This writ petition has been filed by the petitioner aggrieved against judgment and order dated 23.04.2016 passed by Rent Tribunal, Jodhpur Metropolitan and judgment and order dated 09.12.2016 passed by Appellate Rent Tribunal, Jodhpur Metropolitan, whereby, the petition for eviction filed by respondent-landlord has been accepted and the appeal filed by the petitioner-tenant has been dismissed, respectively.
(2.) The respondent-landlord filed petition seeking eviction of the petitioner from Shop No.5, inter alia, with the averments that Shop No.5 ad measuring 10x20 ft. is in possession of the petitioner as tenant - situated at Plot No.205. The plot has five shops, Shop No.3 is vacant and rest of the three shops are in possession of different tenants. On the back of the said plot, Plot No.205A owned by landlord's wife is situated and the landlord by clubbing both the lands wants to open his own Hospital and provide for indoor and outdoor facilities, set up modern machines so as to utilize his own and his wife's abilities. Further, proceedings for eviction of other three tenants from Shop Nos.1, 2 and 4 for similar requirement have already been filed, indicating the above reasonable and bona fide necessity and alleging that the shop in question was not fit for human inhabitation, the eviction of the petitioner tenant was sought.
(3.) The application was resisted by the petitioner by filing reply. The averments contained in the petition were denied. It was denied that the respondent has reasonable and bona fide requirement of the premises, for which, he was seeking eviction of the petitioner and tenants from three other shops. It was submitted that the landlord and his wife, as Doctors, were engaged in profession for last many years and were earning a huge sum, the landlord was a rich Doctor and was operating a Hospital on the plot next to the suit property, wherein, indoor and outdoor facilities along with modern machines were available. The Hospital was four storied and is on a big plot of land, which is being operated by landlord and his wife, wherein, his abilities are being fully utilized and, therefore, the plea raised in the present petition was baseless.;