Pratap Singh Hada vs Rajkumar Jhamb (2026:Rj-Jp:10140) on 10 March, 2026

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    Rajasthan High Court – Jaipur

    Pratap Singh Hada vs Rajkumar Jhamb (2026:Rj-Jp:10140) on 10 March, 2026

       [2026:RJ-JP:10140]
    
               HIGH COURT OF JUDICATURE FOR RAJASTHAN
                           BENCH AT JAIPUR
    
                        S.B. Civil Writ Petition No. 18360/2016
    
        Pratap Singh Hada S/o Shri Chandra Singh Hada, 64, Shopping
        Centre, Kota Raj.
                                                  ----Applicant/Landlord/Petitioner
    
    
                                            Versus
    
    
        Rajkumar Jhamb S/o Late Shri Ramlal Jhamb, Vallabh Nagar,
        Kota, Firm M/s Sunrise Scooter Centre (Auto Parts), 64,
        Shopping Centre, Kota
                                          ----Non-Applicant/Tenant/Respondent

    For Petitioner(s) : Mr. Sangram Singh Solanki
    For Respondent(s) : Mr. Saransh Saini with
    Mr. Vinod Kumar Sharma &

    HON’BLE MR. JUSTICE BIPIN GUPTA

    SPONSORED

    Judgment
    Reportable

    Date of hearing and conclusion of arguments 23.02.2026
    Date on which the judgment was reserved 23.02.2026
    Whether the full judgment or only the operative Full Judgment
    part is pronounced
    Date of pronouncement 10.03.2026

    1. The present writ petition has been preferred assailing the

    judgment dated 06.10.2016, passed by learned Appellate Rent

    Tribunal, Kota, in Rent Appeal No. 75/2015, whereby the learned

    Rent Appellate Tribunal, while allowing the appeal preferred by the

    respondent-tenant, quashed and set aside the judgment dated

    22.09.2015, passed by learned Rent Tribunal, Kota, in Rent

    Application No. 299/2005 (810/2014), whereby, the application

    filed under Section 9 of the Rajasthan Rent Control Act, 2001

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    (hereinafter referred to as the ‘Act of 2001’) by the

    petitioner-landlord was allowed.

    2. Brief facts giving rise to the present writ petition are that the

    petitioner-landlord had filed an eviction petition under Section 9 of

    the Act of 2001, against the respondent-tenant, seeking eviction

    from the disputed shop on the ground of default, bonafide

    requirement, availability of alternative premises, sub-letting,

    nuisance and material alteration. It was contended that the

    premises were bonafidely required as the petitioner had two sons,

    namely Raghuraj Singh and Raghunandan Singh, who intended to

    start a business of auto parts and computer hardware from the

    disputed shops.

    3. The respondent-tenant filed a reply therein and denied the

    averments of the eviction petition inter alia stating that he had

    been the tenant of the disputed property since 16.07.1986, and

    was paying a monthly rent of Rs.3,200/- at the time of filing of the

    suit. It was further contended that on the ground of alleged

    bonafide requirement, the petitioner had already got the

    basement vacated from the respondent, where his son Raghuraj

    Singh was operating an STD/PCO booth. Further, in lieu of the

    basement, the respondent was let out a room situated on the

    northern side of the disputed shop. With regard to the necessity of

    other son namely Ragunandan Singh, it was submitted that he

    was still pursuing his studies. Thus, according to the respondent,

    the alleged requirement was neither bonafide nor reasonable.

    4. The learned Rent Tribunal vide judgment dated 22.09.2015,

    allowed the eviction petition and passed eviction certificate on the

    ground of bonafide necessity of Raghuraj Singh. However, the

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    issues relating to default, sub-letting, material alteration, nuisance

    and availability of alternative premises were decided against the

    petitioner-landlord.

    5. Aggrieved by the judgment dated 22.09.2015, the

    respondent-tenant preferred an appeal before the learned

    Appellate Rent Tribunal, which came to be allowed vide judgment

    dated 06.10.2016 and consequently, the eviction petition filed by

    the petitioner-landlord was dismissed.

    6. Aggrieved by the judgment dated 06.10.2016, the petitioner-

    landlord preferred the present writ petition.

    7. Learned counsel for the petitioner at the outset submitted

    that the impugned judgment dated 06.10.2016, is patently illegal

    and arbitrary; thus, deserves to be quashed and set aside. It was

    contended that the learned Appellate Rent Tribunal committed a

    serious illegality while reversing the finding on the issue of

    bonafide necessity by observing that the petitioner had sold three

    shops to one Pramod Agarwal prior to filing of the suit, whereas

    the said shops were sold in the year 2003 on occasion of marriage

    of his daughter. Later, in 2005, the need arose on account of the

    fact that the petitioner’s son Raghuraj Singh was in requirement of

    operating a business of hardware and auto parts in the disputed

    shop.

    7.1 Learned counsel for the petitioner further argued that no

    cross-examination was conducted by the respondent regarding the

    marriage of the petitioner’s daughter and the consequent sale of

    shops. Moreover, the learned Appellate Rent Tribunal completely

    misread the evidence with the regard to the fact of STD/PCO being

    operated by the son of petitioner whereas the same was being

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    operated by his daughter in law Smt. Nihal Kanwar in a 3ft. x 10ft.

    shop.

    7.2 Learned counsel for the petitioner submitted that admittedly

    a suit was filed by him for eviction against one Dinesh Kumar

    Agarwal and M/s Asra Enterprise on ground of default in payment

    of rent. However, the arrears of rent were deposited and

    therefore, the suit was dismissed on account of compromise.

    Consequently, the tenants continued in possession of the

    premises. Thus, learned Appellate Rent Tribunal committed grave

    illegality while drawing adverse inference that the petitioner had

    earlier filed a suit for eviction and if he bonafidely required the

    shops, he would not have entered in a compromise.

    7.3 Learned counsel for the petitioner further submitted that the

    petitioner had not concealed any material facts from the Court and

    that the learned Appellate Rent Tribunal wrongly observed that the

    petitioner had filed another suit against one Smt. Leelavati which

    had already been decided. It was clarified that the respondent

    himself was a tenant of Smt. Leelavati in another shop situated

    near the disputed premises and the petitioner had only taken the

    plea that an alternative premises was available to the respondent.

    7.4 Learned counsel for the petitioner further submitted that the

    petitioner had obtained possession of another shop which had

    earlier been in occupation of one Shailendra, and the said shop

    was being used by the petitioner’s son Raghunandan for running

    an ice-cream parlor. He contended that the need for eviction was a

    bonafide one as his other son was desirous to open a hardware

    and auto-part shop and the same could not be operated jointly

    with an ice-cream Parlor. He, thus, submitted that there existed a

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    bonafide requirement of the petitioner and the judgment dated

    06.10.2016 deserves to be quashed and set aside.

    7.5 Learned counsel for the petitioner to support his arguments

    relied upon the following judgments:

    (i) Hukum Chandra (Dead) Through Legal

    Representatives vs Nemi Chand Jain and Others;

    (2019) 13 SCC 363.

    (ii) Kanahaiya Lal Arya vs MD. Ehshan & Ors.; 2025

    INSC 271.

    (iii) Jyoti Sharma vs Vishnu Goyal & Anr.; 2025

    INSC 1099.

    (iv) Chain Singh Gehlot vs Sushila Parihar; S.B. Civil

    Writ Petition No. 7177/2023 {Rajasthan High Court,

    Bench Jodhpur}.

    (v) Rajani Manohar Kuntha & Ors. vs Parshuram

    Chunilal Kanojiya & Ors.; Civil Appeal. No. 014510/

    2025 arising out of SLP (c) No. 30407/2024 (decided on

    02.12.2025).

    8. Per contra, learned counsel for the respondent submitted

    that the petitioner has not approached the Court with clean hands

    as the pleadings in the petition are selective, incomplete and

    suppress the material documentary evidence which were duly

    produced and exhibited before the learned Rent Tribunal as Ex-A/1

    to Ex-A/36. The controversy in the present matter is confined to

    Issue No.2 relating to alleged bonafide necessity as on all the

    other issues, the learned Rent Tribunal itself recorded a finding

    against the petitioner.

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    8.1 Learned counsel for the respondent further argued that the

    eviction petition was allowed solely on the ground of alleged

    bonafide necessity despite rejecting the grounds of default,

    nuisance, and material alteration and recording a finding adverse

    to the petitioner regarding availability of alternative

    accommodation. Since, the finding on bonafide necessity was

    contrary to the documentary evidence and suffered from material

    irregularity, therefore, the learned Appellate Rent tribunal rightly

    set aside the finding of the learned Rent Tribunal.

    8.2 Learned counsel for the respondent submitted that the

    learned Appellate Rent Tribunal, vide a detailed and reasoned

    judgment, has rightly reversed the finding of the learned Rent

    Tribunal regarding the bonafide necessity and dismissed the

    eviction petition.

    8.3 Furthermore, the absence of bonafide necessity is clearly

    highlighted from the fact and certified copies of documents i.e. Ex-

    A/31 to Ex-A/35, that the shop adjacent to the disputed shop was

    vacated by the petitioner from one Shailendra Kumar, where his

    younger son Raghunandan Singh, was carrying an ice-cream

    parlor and was also serving in a private bank. Thus, the

    availability of the adjacent shop demolishes the alleged urgent

    requirement for starting auto parts business.

    8.4 Additionally, Ex-A/14 clearly shows that eviction proceedings

    were initiated against one Dinesh Kumar but were subsequently

    compromised and the tenant was permitted to continue. This

    conduct clearly shows inconsistency with a genuine and pressing

    need of the petitioner-landlord.

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    8.5 It was also argued that the documentary evidence i.e.

    Ex-A/17 and Ex-A/18 clearly prove that three shops adjacent to

    the shop in question were sold to one Pramod Kumar. It was

    alleged that the shops were sold in 2003 to meet the expenditure

    of petitioner’s daughter marriage. However, the marriage was

    solemnized in the year 2005-2006. Thus, the explanation as given

    by the petitioner was factually incorrect. Moreover, a landlord who

    voluntarily alienates adjacent premise cannot simultaneously claim

    a pressing bonafide need.

    8.6 Learned counsel for the respondent further submitted that

    the evidence on record clearly establish that the younger son of

    the petitioner is employed in a private bank and runs ice-cream

    parlor. The elder son, Raghuraj Singh, is operating STD/PCO from

    the basement portion of the disputed shop. The ground floor space

    towards the eastern side was also available and thus, alternative

    suitable accommodation did exist.

    8.7 Learned counsel for the respondent hence, submitted that

    the cumulative effect of sale of adjacent shops, availability of

    vacated premises, compromises with other tenants, employment

    and existing business of sons and suppression of material facts

    clearly establish that that the alleged requirement is neither

    bonafide nor reasonable. Hence, the present writ petition may be

    dismissed.

    8.8 Learned counsel for the respondent also submitted that he

    has filed an application under Order 41 Rule 27 of the CPC for

    taking subsequent events on record. He stated that the petitioner,

    Pratap Singh Hada, has filed a suit against his son Raghunandan

    Singh Hada seeking cancellation of the license and a decree of

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    mandatory injunction. It was argued that since Pratap Singh Hada

    himself has filed a suit against his son, the need alleged in the

    rent petition for establishing his son Raghunandan Singh Hada

    was artificial and not a bonafide requirement. Therefore, the

    respondent prayed that the application filed under Order 41 Rule

    27 CPC be allowed.

    8.9 Learned counsel for the respondent relied on the following

    judgments to buttress his arguments:

    (i) M/s Rahabhar Production Pvt. Ltd. vs Rajendra

    K. Tandon; AIR 1998 SC 1639.

    (ii) Shiv Sarup Gupta vs Dr. Mahesh Chand Gupta;

    AIR 1999 SC 2507.

    (iii) Ram Dass vs Ishwar Chander and Ors.; AIR

    1988 SC 1422.

    9. Heard learned counsel for the parties and perused the

    material available on record.

    10. Before adverting to the issue involved in the present case,

    this Court deems it appropriate to first decide the pending

    application filed by the respondent under Order 41 Rule 27 CPC.

    By way of the said application, the respondent has sought to place

    on record a copy of the plaint filed by Pratap Singh Hada against

    his son Raghunandan Singh Hada and daughter-in-law Sarita.

    Learned counsel for the respondent-tenant submitted that these

    documents are necessary for the proper adjudication of the

    present writ petition.

    11. Learned counsel for the petitioner filed a reply to the said

    application and submitted that the aforesaid suit does not relate to

    the property in dispute. He, further, submitted that the said

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    dispute is also not in respect of the place where Raghunandan

    Singh Hada is carrying on his business. According to the petitioner,

    the said suit was filed only in relation to a residential property

    and, therefore, the same is neither material nor relevant for the

    purpose of adjudication of the present dispute. Learned counsel

    for the petitioner further averred that the said suit was ultimately

    withdrawn by the petitioner on 03.02.2025.

    12. This Court finds that the issue involved in the present case

    relates to the bonafide need claimed by the petitioner-landlord for

    his sons, namely Raghunandan Singh Hada and Raghuraj Singh

    Hada. Furthermore, the dispute in respect of the residential

    premises between Pratap Singh Hada and Raghunandan Singh

    Hada is not relevant for the purpose of deciding the eviction

    petition based on the bonafide need of the petitioner-landlord.

    Therefore, this Court finds that the document sought to be placed

    on record by the respondent is neither relevant nor necessary for

    the adjudication of the present dispute. Consequently, the

    application filed by the respondent under Order 41 Rule 27 CPC is

    dismissed.

    13. So far as the controversy involved in the present case is

    concerned, the issue to be decided by this Court is that whether

    the finding recorded by the learned Rent Tribunal regarding the

    bonafide need was rightly set aside by the learned Appellate Rent

    Tribunal, or whether the learned Appellate Rent Tribunal

    committed perversity and illegality while reversing the finding of

    the learned Rent Tribunal.

    14. A bare perusal of the rent application filed by the

    petitioner-landlord before the learned Rent Tribunal demonstrates

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    that the petitioner had claimed a bonafide requirement for his two

    sons, namely Raghunandan Singh Hada and Raghuraj Singh Hada.

    15. This Court further on perusal of the record finds that the

    learned Rent Tribunal observed that one shop had come into the

    possession of the petitioner after it was vacated by a tenant and

    the said shop was given to his son Raghunandan Singh Hada for

    carrying on the business of an ice-cream parlor. Therefore, the

    learned Rent Tribunal held that the need of Raghunandan Singh

    Hada stood satisfied. However, the bonafide need of Raghuraj

    Singh Hada still remained and was duly proved by the petitioner-

    landlord, and accordingly the learned Rent Tribunal passed a

    decree of eviction on the ground of bonafide requirement.

    16. However, this Court finds that the learned Appellate Rent

    Tribunal, merely on account of the fact that the need of one of the

    sons stood satisfied, and the requirement had been claimed jointly

    for both the sons, reversed the finding recorded by the learned

    Rent Tribunal.

    17. This Court is of the firm opinion that if the requirement is

    pleaded for two sons for carrying on business and, during the

    pendency of the suit, one of the sons gets an alternative premises,

    it cannot be presumed that the requirement of the other son

    automatically stands satisfied.

    18. More so, in the facts of the present case, it was proved that

    the shop which became available during the pendency of the suit,

    was utilized by Raghunandan Singh Hada, who started running an

    ice-cream parlor. The learned Appellate Rent Tribunal has nowhere

    recorded a finding that both the sons were carrying on the

    business of an ice-cream parlor in the said shop which became

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    available during the pendency of the suit. Once it is found that

    only one son is carrying on business in the shop which became

    available during the pendency of the suit, the requirement of the

    other son could not have been said to have been satisfied.

    Therefore, this Court finds that the finding recorded by the learned

    Appellate Rent Tribunal is perverse and illegal and the same

    deserves to be set aside.

    19. The learned Appellate Rent Tribunal has also reversed the

    finding on account of the fact that the petitioner-landlord had sold

    three shops and, on that basis, raised a doubt regarding the

    bonafide need of the petitioner-landlord. However, it is not in

    dispute that the said shops were admittedly sold in the year 2003,

    whereas the present eviction petition was filed in the year 2005,

    i.e., on 01.08.2005. Thus, the sale which had taken place prior to

    the institution of the suit could not have been made a ground to

    doubt the bonafide requirement of the plaintiff.

    20. There may be several circumstances where the owner of a

    property may sell his property for various reasons. A tenant

    cannot dictate the landlord that he should not sell his property.

    In the present case, the shops were sold in the year 2003 itself,

    and not during the pendency of the suit as well as the appeal.

    Therefore, the said fact could not have been relied upon by the

    learned Appellate Rent Tribunal to disbelieve the bonafide need of

    the plaintiff.

    21. This Court also finds that the learned Appellate Rent Tribunal

    has misread the pleadings and the evidence available on record

    while observing that the petitioner-landlord had filed a suit

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    against one of the tenants, namely Leelavati, and had concealed

    the fact that the said suit had already been decided.

    22. During the course of arguments, learned counsel for the

    respondent fairly conceded that the said finding is incorrect, as the

    suit in question was filed by Leelavati against the tenant

    Rajkumar. Thus, it was admitted that the finding recorded by the

    learned Appellate Rent Tribunal in this regard is erroneous.

    23. This Court, therefore, finds that the reasons recorded by the

    learned Appellate Rent Tribunal while reversing the findings of the

    learned Rent Tribunal are incorrect and are based on a misreading

    of the facts available on record. It appears that the learned

    Appellate Rent Tribunal, without due application of mind and

    without proper appreciation of the pleadings and evidence, has

    passed the impugned order dated 06.10.2016.

    24. The learned Appellate Rent Tribunal has also relied upon the

    fact that the petitioner-landlord had entered into a compromise

    with another tenant against whom a suit had been filed and, on

    that basis, doubted the bonafide need of the petitioner-landlord.

    However, this Court finds that the said suits against other tenants

    were not based on the ground of bonafide requirement. Therefore,

    the compromise entered into in those proceedings could not have

    been made a ground to disbelieve the bonafide need of the

    petitioner-landlord in the present case. Consequently, the finding

    recorded by the learned Appellate Rent Tribunal in this regard also

    deserves to be quashed and set aside.

    25. It is not in dispute that in those cases, once the tenants had

    deposited the rent, the suits were compromised between the

    landlord and the tenants. As a consequence, those properties did

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    not become available to the landlord. Even otherwise, it is well

    settled that a tenant cannot dictate the landlord as to where and

    in what manner he should carry on his business. The

    respondent-tenant has also failed to place any material on record

    to prove that the petitioner-landlord has other suitable

    accommodation available for meeting the alleged requirement.

    Therefore, this Court finds that merely on the basis of the

    compromises entered into in other proceedings, the bonafide need

    of the petitioner cannot be termed as artificial, as has been held

    by the learned Appellate Rent Tribunal.

    26. This Court further finds that the rights of the tenant are

    otherwise sufficiently protected in law in case a decree of eviction

    is granted on the ground of bonafide requirement.

    27. This Court therefore, deems it appropriate to quote the

    provision of Section 9 (i) of the Rajasthan Rent Control Act, 2001,

    (hereinafter referred to as the ‘Act of 2001’) along with its proviso,

    which reads are under:

    “(i) the premises are required reasonably and
    bona fide by the landlord for the use or occupation of
    himself or his family or for the use or occupation, of
    any person for whose benefit the premises are held :

    Provided that where decree of eviction from any
    premises is sought by the landlord under clause (i), he
    shall be prohibited from letting out the same to any
    other person within a period of three years and in case
    the premises are let-out, the tenant shall be entitled
    for restoration of possession on a petition moved by
    him before the Rent Tribunal and the Rent Tribunal
    shall dispose of such petition expeditiously and the
    procedure as laid down in section 16 shall mutatis
    mutandis apply; or”

    28. The provision thus clearly safeguards the interest of the

    tenant inasmuch as if a landlord obtains a decree of eviction on

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    the ground of bonafide requirement and, if within three years, lets

    out the property to another person, the tenant is entitled to seek

    restoration of possession in accordance with law.

    29. It is also well settled that the requirement of the landlord

    need not be a dire or pressing necessity. The Hon’ble Supreme

    Court has consistently held in catena of judgments that even if the

    requirement is not a dire one, eviction can still be granted

    provided the requirement is genuine and bonafide.

    30. This Court finds that based on the evidence, the learned Rent

    Tribunal had found the need of one son Raghuraj Singh Hada to be

    bonafide and therefore, had granted a decree. The learned

    Appellate Rent Tribunal committed gross illegality and perversity

    and had misread the evidence on record and has arrived at a

    different conclusion by reversing the well-reasoned findings

    recorded by the learned Rent Tribunal.

    31. Thus, the findings recorded by the learned Appellate Rent

    Tribunal being perverse, are liable to be set aside by exercising

    powers under Article 227 of the Constitution of India. Accordingly,

    the present writ petition is allowed; order dated 06.10.2016

    passed by learned Appellate Rent Tribunal is set aside and the

    order dated 22.09.2015, passed by the learned Rent Tribunal is

    restored.

    32. In the interest of justice, this Court deems it appropriate to

    grant six months’ time to the respondent-tenant to vacate the

    premises in terms of the proviso to Section 15(8) of the Act of

    2001, which prohibits the execution of the certificate issued in

    favour of the landlord for a period of six months in case of

    premises is rented for commercial use.

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    33. All pending applications stand disposed of.

    (BIPIN GUPTA),J

    Sudha/

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