CHAKRESHWARI CONSTRUCTION PVT. LTD. Vs. DAMODAR PRASAD AGARWAL

JUDGEMENT

(1.) Since these two writ petitions arise out of one and same eviction proceedings between the parties, therefore, they were heard together and are being decided by this common order.

(2.) These two writ petitions have been filed by the landlord and the tenant respectively, though on different grounds, against the common judgment dated 20.01.2015 passed by the Rent Appellate Tribunal, Jaipur Metropolitan, Jaipur(for short 'the Rent Appellate Tribunal') whereby the Rent Appellate Tribunal, while setting aside judgment dated 06.01.2011 passed by the Rent Tribunal, Jaipur Metropolitan, Jaipur(for short 'the Rent Tribunal") directing eviction of the tenant, has remanded the matter back to the Rent Tribunal to decide the question of payment of rent by cheque by adducing evidence by the parties.

(3.) Facts of the present case are that M/s. Chakreshwari Construction Pvt. Ltd.-landlord(hereinafter referred to as 'the landlord') field an eviction application under Section 9 of the Rajasthan Rent Control Act, 2001(for short 'the Act') before the Rent Tribunal on 18.07.2006 against Damodar Prasad Agarwal-tenant(hereinafter referred to as 'the tenant') on the ground of default in payment of rent and recovery of arrears of rent of Rs. 17,908/- from 01.04.2003 to 30.04.2006. The tenant contested the application for eviction by filing written statement. The tenant produced slip of the cheque deposited in the bank dated 29.06.2006(Exhibit-1), copy of cheque, Exhibit A2 and A-3 and bank account statement, Exhibit A-4. Certificate issued by Manager, Johari Bazar Branch, Central Bank of India, Jaipur dated 14.05.2007(Exhibit-6) showing that the payment was deposited in his bank account on 03.07.2006 was also procured by the landlord along with rejoinder. The learned Rent Tribunal held that after service of notice on 31.05.2006, tenant failed to pay the arrears of rent as per the mandatory requirement under second proviso to Section 9 of the Act within 30 days, as the cheque, according to the certificate aforesaid was presented before the Bank on 03.07.2006. The Rent Tribunal vide judgment dated 06.01.2011 allowed the application filed by the landlord directing eviction of the tenant. The tenant preferred appeal before the Rent Appellate Tribunal raising argument that cheque was presented before the Bank on 29.06.2006 and therefore, as per law, since realisation of payment of amount by cheque was thereafter made on 03.07.2006, the payment should be deemed to have been made on 29.06.2006. The Rent Appellate Tribunal held that while Exhibit-6 certifcate dated 14.05.2007 has been issued by the officer of the bank during the ordinary course of business, which has been solely relied upon by the Rent Tribunal, has to be considered as more reliable document, but the cheque slip, Exhibit A-1 also contained date of presentation of cheque on 29.06.2006. Thus, the dispute between the parties was that whether the cheque was presented before the Bank on 29.06.2006, as asserted by the tenant, or that it was deposited with the Bank on 03.07.2006, as asserted by the landlord. This fact could be effectively decided by the Rent Tribunal only by summoning relevant record through concerned officer/employee of the bank as to when the cheque was presented before the Bank for payment, but no such bank employee had been summoned by the Rent Tribunal to appear in witness box. In these circumstance, the Rent Appellate Tribunal vide judgment dated 20.01.2015 set aside the judgment passed by the Rent Tribunal and remanded the matter back to the Rent Tribunal in the manner as indicated hereinabove. Aggrieved thereby, both the landlord and the tenant have preferred writ petition before this Court.