HARBANS KAUR Vs. IQBAL SINGH AND ANR.

JUDGEMENT

(1.) These appeals have been filed by the appellant, the landlord of the premises in question, challenging the judgment of the Rajasthan High Court dated 09.10.2014 allowing the writ petition filed by the tenant setting aside the order of eviction passed by Rent Tribunal as well as Appellate Rent Tribunal. Division Bench of the Rajasthan High Court vide its judgment dated 14.12.2015 dismissed the Special Appeal(Writ) of the landlord as not maintainable.

(2.) Brief facts of the case necessary to be noticed for deciding these appeals are: The appellant is landlord of Shop No.3 and 4 in Plot No.362 which was let out to the respondent­tenant in August, 1995 at the rent of Rs.8,500/-­ per month. A Rent Deed dated 19.08.1995 was executed between the parties. Rent deed contained a clause for yearly increase of rent by 10%. The tenant continued to pay rent to the landlord as per the agreed rent with 10% enhancement yearly. In the year 2003 the tenant was making payment of rent at the rate of Rs.16,564/-­ per month. In April, 2003, rent which was paid by the tenant was Rs. 16,564/-­, upto July, 2003 the tenant paid the rent at the rate of Rs.16,564 per month. The landlord issued notice dated 27.03.2004 stating that with effect from 01.08.2003 upto 29.02.2004, for a period of seven months, the tenant has neither paid or tendered rent, arrears from 01.08.2003 to 29.02.2004 amounting to Rs.1,15,945/-­ were asked to be deposited in the bank account of landlord. Notice mentioned that in the event the tenant does not deposit the amount in the account, landlord shall be compelled to carry out legal proceedings for eviction of the tenant. After the aforesaid notice dated 27.03.2004 the tenant deposited an amount of Rs.95,200/-­ on 26.04.2004 in the bank account of the landlord. Landlord filed an Application No.1258 of 2004 under Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as the "Act, 2001") praying for eviction on the ground of arrears of rent. The tenant filed reply opposing the abovesaid application. The tenant took stand in the application that in accordance with the provisions of Act, 2001, which has come into effect from 01.04.2003, on increasing the rent under the provisions of Section 6 in the prescribed rent of Rs.8,500/-­ @ 7.5% per annum the rate of rent from 01.04.2003 comes to be Rs.13,600/-­ per month. It was stated In the written statement that tenant has deposited rent upto February, 2004 @ Rs.13,600/-­ per month i.e. a total of Rs.95,200/-­ in the bank account.

(3.) Rejoinder was filed by the landlord where it was pleaded that respondent­tenant has been paying rent from August, 2002 @ Rs.16,564/-­ per month which rent was paid till July, 2003. It was claimed that the respondent­tenant is liable to pay rent @ Rs.16,564/-­ per month. The Rent Tribunal heard the parties and by its judgment and order dated 22.04.2011 directed for eviction of the tenant. The Rent Tribunal held that the case of tenant that rent is payable @ Rs.13,600/-­ per month cannot be accepted. The tenant having not deposited at the rate of Rs.16,564/-­ per month, has committed default in paying rent. An appeal was filed by the tenant before the Rent Appellate Tribunal which too was dismissed by order dated 15.01.2014. The order of the Rent Tribunal was upheld. The tenant aggrieved by the order of the Appellate Tribunal filed Writ Petition No.6965 of 2014 in the High Court which writ petition was allowed by the learned Single Judge vide its judgment and order dated 09.10.2014. Against the judgment of the learned Single Judge dated 09.10.2014 Special Appeal (Writ) No.2075 of 2014 was filed which was dismissed by the Division Bench vide its judgment dated 14.12.2015 holding writ appeal as not maintainable. Aggrieved against the judgments of the High Court landlord has filed these appeals.