GHANSI LAL Vs. MAHAVEER

JUDGEMENT

(1.) This petition has been filed against the order dt. 06.08.2014 passed by the Appellate Rent Tribunal, Baran in civil misc. application No. 39/2014 whereby an application filed by the petitioner/defendant/tenant (hereinafter 'the tenant') for recall of a consent order dt. 25.10.2013 in an appeal before the Appellate Rent Tribunal, Baran was dismissed. The facts relevant to this petition are that an eviction suit was laid by the respondent/plaintiff/landlord (hereinafter 'the landlord') on the ground of reasonable necessity under the Rajasthan Rent Control Act, 2001 (hereinafter 'the Act of 2001'). The Rent Tribunal, Baran vide order dt. 09.12.2011 passed a Judgment of eviction against the tenant and issued a certificate of possession in favour of the landlord. An appeal against the order of Rent Tribunal, Baran was filed before the Appellate Rent Tribunal, Baran. On 25.10.2013 the Appellate Rent Tribunal, Baran recorded that after having argued on appeal both the parties were agreeable to a consent order where-under the tenant would be allowed to continue in the tenanted premises upto 31.12.2014 and after that the tenanted shop was to be returned to the landlord. The order dt. 25.10.2013 was passed subject to the condition that monthly rent would paid to the landlord and no damage would be caused by the tenant to the tenanted property.

(2.) An application thereafter came to be moved by the tenant on 16.11.2013 before the Appellate Rent Tribunal, Baran seeking recall of the order dt. 25.10.2013 obviously stating that the disposal of the appeal on the tenant's consent got recorded by his counsel on 31.12.2014 was without authority. It was submitted that the tenant had at no point of time instructed his counsel to compromise the matter before the Appellate Rent Tribunal, Baran and the counsel was under instructions and duty to have it adjudicated on merits.

(3.) On consideration of the application for recall of the order dt. 25.10.2013 the Appellate Rent Tribunal, Baran dismissed the said application vide order dt. 6.8.2014. Hence this petition under Article 227 of the Constitution of India.