MUKESH KUMAR TANK Vs. RENT TRIBUNAL AND ORS.

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner has implored to quash and set aside the orders dated 23rd Feb., 2005, 30th July, 2005 and 27th Sept., 2005 rendered by the Rent Tribunal as also the learned Appellate Rent Tribunal, Jaipur City, Jaipur.

(2.) Having heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned orders, it is noticed that the respondent no.3-plaintiff filed an application under Sec. 6 of the Rajasthan Rent Control Act, 2001 for the revision of the rent of the suit premises. After completion of trial, the learned Rent Tribunal revised the rent from Rs. 450.00 per month being paid w.e.f. 20th March, 1991 to Rs. 906/- to be paid from 1st April, 2003. Learned Rent Tribunal also observed that after 1st April, 2003, the rent shall be subject to revision after the completion of each year at the rate of 5%.

(3.) Aggrieved with the order dated 23rd Feb., 2005, the petitioner-defendant preferred an appeal before the Appellate Rent Tribunal, which dismissed the appeal in the absence of the learned counsel for the appellant, albeit, the same is found to have been decided on merits. Thereafter, the petitioner-appellant filed a review application under Order 47 Rule 1 of Code of Civil Procedure imploring that the appeal may be decided on merits, but the review application also stood dismissed for the reason that whatever the grounds were taken in the appeal as also in the review application have already been dealt with by the Appellate Rent Tribunal and there was no need to re-hear the case.