MUKAN CHAND GOTHI Vs. SACHIN SHAH

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is filed against the order dated 11.06.2019 passed by the learned Rent Tribunal, Beawar District Ajmer (hereinafter referred as "the learned Tribunal") whereby, the application dated 10.06.2019 filed by the petitioner-non-applicant under Section 21(3) of the Rajasthan Rent Control Act, 2001 (for brevity "the Act of 2001") read with Order 11 Rule 14 read with Section 151 CPC, has been dismissed.

(2.) The facts in brief are that the respondents/applicants have filed an eviction petition under Section 9 of the Act of 2001seeking petitioner's eviction on the ground of default in payment of rent. Before the evidence of the applicants began, the petitioner moved an application seeking a direction for the ICICI Bank Limited, Branch Mahaveer Bazar, Beawar to produce cheque No.986400 dated 22.06.2016 for Rs.14,652/- which he tried to deposit in the bank account of the respondents to clear arrears of rent in response to their notice dated 08.06.2016, which has been dismissed vide order impugned dated 11.06.2019.

(3.) Inviting attention of this Court towards the documents on record, learned counsel for the petitioner submitted that despite giving notice to deposit arrears of rent in their bank account with ICICI Bank, Branch Mahaveer Bazar, Beawar, the respondents instructed their bank not to credit the aforesaid amount deposited by the petitioner through the cheque in question. He submitted that in their reply to his earlier application seeking a direction for the respondents to produce the cheque, they have categorically stated that the cheque in question was not in their possession and hence, the learned Tribunal ought to have allowed their application seeking a direction to the bank to produce the cheque which was necessary to establish his defence that no default in payment of rent was made out as he has tendered arrears of rent in time. Learned counsel submitted that it is cardinal principle that the non-applicant-tenant should be given fullest opportunity to defend the case set up by the applicant, therefore, the impugned order dated 11.06.2019 be quashed and set aside.