OM PRAKASH GUPTA Vs. JAGDISH KUMAR SONI

JUDGEMENT

(1.) A challenge has been made by the petitioner-landlord (hereinafter 'the landlord') to the order dt. 29-11-2013 passed by District Judge Baran as the Appellate Rent Tribunal (hereinafter 'the Appellate Rent Tribunal') under the Rajasthan Rent Courol Act, 2001 (hereinafter Rs. 2001 Act').

(2.) Counsel for the landlord has submitted that the order dt. 29-11-2013 is vitiated inasmuch as the Appellate Rent Tribunal, subsequent to remand under order dt. 18-7-2013 passed by this Court in SBCWP No.10298/2011, has failed to address, despite directions of this Court, the case of the landlord with reference to ground agitated under Sec. 9(j) of the 2001 Act, whereunder eviction of the tenant is to be directed where the tenant has built or acquired vacant possession or has been allotted a premises suitable/ adequate for his requirement. It has been submitted that vide order dt. 18-7-2013, this Court directed as under:-

(3.) Counsel for the landlord has submitted that therefore following the remand, the Appellate Rent Tribunal was under a duty to address the case of the landlord with reference to evidence before it qua Section 9(j) of the 2001 Act.