SHANKAR LAL SAINI Vs. NAGINA PATOLIYA

JUDGEMENT

(1.) By way of filing this writ petition, a challenge has been led to the impugned order dtd. 6/8/2021 passed by the Appellate Rent Tribunal, Jaipur Metro-I (hereinafter referred to as "the Appellate Tribunal") rejecting the application submitted by the petitioner under Sec. 151 CPC for deciding the application submitted by the petitioner under Order 41 Rule 25 read with Rule 27 CPC for taking additional evidence on the record.

(2.) Learned counsel for the petitioner submits that an application under Sec. 9 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as "the Act of 2001") was submitted by the respondents against the petitioner on the ground of default in payment of the rent. The same was allowed by the Tribunal vide order dtd. 4/12/2019 against which an appeal was preferred by the petitioner before the Appellate Tribunal.

(3.) Counsel submits that during pendency of the said appeal, an application under Order 41 Rule 25 and Rule 27 CPC read with Sec. 151 CPC was submitted by the petitioner with the averment that the eviction application was submitted by the respondents on the ground of default and the rent was not paid by the petitioner in spite of receipt of notice dtd. 22/4/2009.