NIRMALJIT KAUR,J. - (1.) The present writ petition is preferred against the judgment and order dated 05.10.2017 vide which the Appellate Rent Tribunal, Jodhpur Metropolitan set aside the order dated 01.08.2012 passed by the Rent Tribunal, Jodhpur dismissing the eviction petition filed by the respondent - landlord and thereby, allowing the eviction petition of the respondent - landlord.
(2.) While praying for setting aside the order of the Appellate Rent Tribunal, learned counsel for the petitioner submitted that when an order of reversal is being passed, the Appellate Rent Tribunal is under an obligation to give the concurrent and reasoned judgment while nullifying the order impugned. Whereas, the Appellate Rent Tribunal passed the said order in a mechanical manner. The finding of the Rent Tribunal was based upon the admission of the respondent - landlord that he had other vacant portion in the same premises which was sufficient for him. However, the Appellate Rent Tribunal while setting aside the order of the Rent Tribunal did not nullify this finding based on the admission of the respondent - landlord and simply went on the presumption that the landlord is the best judge of his premises.
(3.) Secondly, the respondent - landlord could not produce any evidence to show that the premises occupied by the petitioner-tenant was in such dilapidated condition that it was not possible to either reside or run business from there and in spite of the same, the Appellate Rent Tribunal has set aside the finding.;