MOHAN LAL SONI Vs. JAGDISH PRASAD SHARMA

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the impugned order dtd. 8/8/2007 passed in Appeal No. 82/2004 by Rent Appellate Tribunal, Jaipur, whereby the order of eviction dtd. 20/11/2004 was set aside, the petitioner-landlord has preferred the present petition under Article 226 and 227 of Constitution of India with the following prayers:

(2.) The brief and necessary facts of the case are as follows:

(3.) Learned counsel for the petitioner-landlord, at the outset, submits that vide sale deed dtd. 29/1/2021, all rights, titles and interest in the property in question now vests with the present petitioner-landlord Mr. Nand Lal Soni. Learned counsel for the petitioner-landlord submits that the Rent Tribunal had exhaustively dealt with each and every aspect of the matter and had rightly concluded that the respondent-tenant was a defaulter as he failed to tender the arrears of rent in due time of the premises occupied by him. It is an admitted case that the respondent-tenant did not pay the rent for several months which compelled the petitioner-landlord to serve a legal notice as per the provision of Sec. 9 of RRCA. The notice dtd. 19/8/2003 was admittedly received by respondent's son on 21/8/2003 and thereafter, even after expiry of 30 days, no deposit was done by the respondent-tenant. Learned counsel for the petitioner-landlord contends that the Rent Appellate Tribunal have adopted an erroneous interpretation of Sec. 9 of RRCA. As per the learned counsel for the petitioner-landlord, Sec. 9 of RRCA nowhere prescribes sending of second 30 day notice and by no stretch of imagination can the same be interpreted/included under Sec. 9 of RRCA, especially when the language and intention of the legislation is absolutely clear. Learned counsel contends that as the only ground for allowing the appeal filed by the respondenttenant was based on erroneous interpretation of Sec. 9, the order dtd. 8/8/2007 needs to be set aside. In support of his contentions, learned counsel for the petitioner-landlord have relied upon judgments of Co-ordinate Bench of this Court in the case of Akkho vs. M.B. Augustus (S.B. Civil Second Appeal No. 1/1983; decided on: 18/4/1983), Om Prakash vs. Gulkandi Devi and Ors. (S.B. Civil Second Appeal No. 318/1997; decided on: 28/6/1999) and Om Prakash Saini vs. Smt. Ganga Devi Mathur and Ors. (S.B. Civil Second Appeal No. 351/2009; decided on: 27/10/2009).