Rajasthan High Court - Jaipur
Chail Bihari Sharma vs Dharajeet And Ors on 9 November, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.16270/2011 With Stay Application No.14990/2011 Chhail Behari Sharma Vs. Dharajeet and Another Date of Order ::: 09.11.2012 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Anshuman Saxena, counsel for petitioner Shri G.P. Sharma with Shri Dharmendra Pareek, counsel for respondents #### By the Court:-
This petition seeks to challenge order dated 15.07.2011 passed by Appellate Rent Tribunal, Sawai Madhopur, whereby Appeal No.11/2007 preferred by tenant-petitioner against order dated 25.04.2007 of Rent Tribunal, Sawai Madhopur, in Civil Suit No.135/2004, has been dismissed and order dated 25.04.2007 has been affirmed. The suit for eviction filed by landlord-respondent against tenant-petitioner has been decreed by both the courts below. Learned counsel for petitioner press to challenge impugned orders but there are concurrent finding of fact on the issues of personal bona-fide necessity and default in payment of rent and both the issues have been decided in favour of landlord-respondent by both the courts below.
This court, having examined the impugned orders passed by both the courts below, is not persuaded to interfere in the matter and therefore the writ petition is dismissed. Even otherwise, in the meantime, respondent-landlord has taken possession of suit premise on 18.10.2012 in execution of the orders passed by the courts below.
Writ petition is therefore dismissed. Consequent upon dismissal of writ petition, stay application, filed therewith, does not survive and same is also dismissed.
(Mohammad Rafiq) J.
//Jaiman//26 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-JW