ASHU GUPTA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THIS writ petition has been filed against the judgment and decree of eviction passed by the Rent Control Appellate Tribunal Ajmer against the petitioner who was the tenant in the suit premises. THIS judgment and decree had been passed by the Tribunal under the Rajasthan Rent Control Act 2001 which prescribes a summary procedure for cases of eviction as a matter of speedy remedy but the provisions of the Code of Civil Procedure is applicable as far as practicable.

(2.) IT has been submitted by learned counsel for the petitioner that an appeal is not maintainable against the impugned order passed by the Tribunal under the Rent Control Act of 2001 although the same is final in nature. Therefore, this writ petition has been filed for challenging the same. But the counsel is missing that where appeal is barred under the Code of Civil Procedure, revision is an appropriate remedy provided it false within the ambit and scope of revisional jurisdiction. The Rent Control Act 2001 has been enacted for speedy disposal of cases filed for eviction and it is patently obvious that for this very purpose the provision of appeal against an order of eviction passed by the Tribunal by way of a summary procedure has not been provided under the Act but the Code of Civil Procedure which is applicable on the Rent Control Act 2001 as far as practicable envisages that where the appeal is not maintainable, revision can be preferred against the final order after the amendment introduced in the Code of Civil Procedure. In several decisions of the Supreme Court also it has been held that although a revision is not maintainable against an interlocutory order a writ petition is maintainable against orders which are interlocutory in nature provided such order results into grave miscarriage of justice.