ABDUL SALAM Vs. MOHD. SULEMAN TELI

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed by the petitioner-tenant (hereinafter referred to as 'the tenant') against the judgment dated 29.11.2017 passed by the Appellate Rent Tribunal, Jaipur Metropolitan in Appeal No. 91/20017, whereby the appeal filed by the tenant has been dismissed and the judgment dated 1.6.2017 passed by the Rent Tribunal, Jaipur allowing the respondents- landlord's (hereinafter referred to as 'the landlord') application under Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as 'the Act of 2001') and issuing certificate of possession has been affirmed.

(2.) Facts of the case are that the original applicant-landlord filed an application under Section 9 of the Act of 2001 against the tenant. During the pendency of the original application, the original applicant expired and his legal representatives were brought on record. The Rent Tribunal vide its order dated 28.11.2011 allowed the application under Section 9 of the Act of 2001, passed the eviction order against the tenant and directed to issue certificate for recovery of possession. Aggrieved thereby, the tenant filed an appeal before the Appellate Rent Tribunal. The Appellate Rent Tribunal vide its judgment dated 1.4.2015 partly allowed the appeal and while setting aside issue no.1 framed by the Rent Tribunal in Original Application No. 1245/2004, quashed the eviction order passed against the tenant and remanded the matter to the Rent Tribunal with a direction to re-frame issue no.1 and after giving opportunity to the parties to lead their evidence, record the evidence and hearing the parties concerned, decide the matter afresh qua issue no.1 in accordance with law.

(3.) The Rent Tribunal having taken into consideration the fact that the Ex.-5 notice was received by the tenant on 14.7.2004 and the amount of rent due was deposited by the tenant on 2.9.2004 i.e. after the prescribed period of 30, whereas he was required to deposit the rent within 30 days in terms of Section 9(a) of the Rajasthan Rent Control Act, 2001 allowed the application filed by the landlord under Section 9 of the Act of 2001. Accordingly certificate of possession was issued. Aggrieved thereby, the tenant filed an appeal before the Appellate Rent Tribunal. The Appellate Rent Tribunal vide its judgment dated 29.11.2017 dismissed the appeal and affirmed the order dated 1.6.2017 passed by the Rent Tribunal.