DAMODAR Vs. SUWA LAL

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dtd. 5/11/2014 passed by the learned Rent Tribunal, Jaipur Metropolitan, Jaipur (for brevity 'the learned Rent Tribunal') in Execution Application No.12/2011 whereby, an application filed by the petitioners under Sec. 151, 152 & 153 CPC seeking correction of a clerical error in the judgment dtd. 25/5/2009, has been rejected.

(2.) The relevant facts in brief are that the respondent/applicant (hereinafter referred to as 'the applicant') filed an application under Ss. 6 and 9 of the Rajasthan Rent Control Act, 2001 (for short 'the Act of 2001') against the petitioners. The learned Rent Tribunal, vide its final order dtd. 23/4/2007, decided the prayer of the applicant qua Sec. 6 of the Act of 2001 only and revised the rent to Rs.385.00 per month w.e.f. 1/4/2003 with 5% increase per year payable from the date of application, i.e., 8/8/2006. Thereafter, vide final order dtd. 25/5/2009, the learned Rent Tribunal, while deciding the application filed by the applicant, directed eviction of the petitioners and also issued direction for payment of rent @ Rs.950.00 per month w.e.f. 22/8/2006. An appeal as also a writ petition preferred thereagainst by the petitioners came to be dismissed by the learned Appellate Rent Tribunal and by this Court vide orders dtd. 18/3/2010 and 20/5/2010 respectively. However, this Court granted the petitioners time upto 30/6/2011 to handover vacant and peaceful possession of the rented premise to the applicant; pursuant whereof, possession of the tenanted premise was handed over to the applicant on 4/10/2010 resulting into dismissal of the execution application filed by him as infructuous. Thereafter, the applicant filed second execution application claiming arrears of rent @ Rs.950.00 per month. Therein, the petitioners filed an application under Ss. 151, 152 and 153 CPC seeking correction in the final order dtd. 25/5/2009 as to the rate of monthly rent which has been dismissed by the learned Rent Tribunal vide order impugned dtd. 5/11/2014.

(3.) Assailing the order, learned counsel for the petitioner submits that while deciding the prayer made by the applicant in the application under Sec. 6 of the Act of 2001 vide its final order dtd. 23/4/2007, the learned Rent Tribunal revised the rent to Rs.385.00 per month w.e.f. 1/4/2003 with 5% increase per year payable from 8/8/2006 which comes to Rs.444.00 per month on the date of payment, i.e., 8/8/2006. However, while deciding the application qua Sec. 9 vide its final order dtd. 25/5/2009, the learned Rent Tribunal directed for payment of rent @ 950/-per month w.e.f. 22/8/2006 on account of a bonafide clerical error. He submits that neither before the learned Appellate Rent Tribunal nor, before this Court, the payment of rent @ Rs.950.00 was assailed either on merit or, being on account of clerical error as it escaped their notice and only after filing of the second execution application by the applicant, they came to know of it. Learned counsel submits that since, the direction issued by the learned Rent Tribunal for payment of rent @ Rs.950.00 per month w.e.f. 22/8/2006 is on account of a bonafide clerical error, the final order required corresponding rectification. He, therefore, prays that the writ petition be allowed, the order dtd. 5/11/2014 be quashed and set aside and the application filed by them be allowed.