MUSTAQ MALAWAT Vs. JITENDRA GIDWANI

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 25.8.2020 passed by the learned Single Judge of this Court, whereby, the writ petition preferred by the appellant assailing the legality of the order dated 1.2.2020 passed by the Rent Tribunal, Bikaner, has been dismissed.

(2.) The facts relevant are that a petition preferred by the respondent-landlord seeking eviction of the appellant-tenant from a commercial premises and recovery of rent was allowed by the Rent Tribunal, Bikaner vide judgment dated 21.10.13. Aggrieved thereby, an appeal preferred by the appellant before the Appellate Rent Tribunal, Bikaner was dismissed vide order dated 6.9.18. Assailing the legality of the order dated 21.10.13 passed by the Rent Tribunal, Bikaner and order dated 6.9.18 passed by the Appellate Rent Tribunal, the appellant preferred a writ petition being S.B.Civil Writ Petition No. 16790/2018 before this Court. Learned Single Judge vide order dated 13.11.18, while admitting the petition passed an interim order in favour of the appellant in the following terms:

(3.) The respondent preferred an application (IA No. 1/19) in the aforesaid writ petition for vacating the interim order dated 13.11.18 contending that the appellant herein has failed to deposit the mesne profit as directed by this Court. The application was disposed of by the learned Single Judge vide order dated 9.9.19 in the following terms: