DEEP CHAND Vs. KOSHALYA BAI

JUDGEMENT

(1.) This petition comes up before this Court in the peculiar circumstances.

(2.) The petitioner -tenant (hereinafter "the tenant") has suffered an ex -parte judgment dated 30.04.2015 passed by the Rent Tribunal, Kota whereby the certificate of possession has been issued in favour of the respondent -landlord (hereinafter "the landlord") and eviction against the tenant directed. The tenant filed an application under Order 9 Rule 13 CPC for setting aside the aforesaid ex -parte judgment. The said application has been dismissed by the Rent Tribunal, Kota vide its order dated 05.03.2016. The petitioner is however in appeal against the certificate of possession dated 30.04.2015 and the order dated 05.03.2016 under Section 19 of the Rajasthan Rent Control Act, 2001 (hereinafter "the Act of 2001"). It is stated that the appeal is not being heard for the reason that the Appellate Rent Tribunal, Kota does not have a Presiding Officer presently. Yet the landlord has filed an execution application before the Rent Tribunal, Kota and the court issued warrant for possession on 06.04.2016 and 28.04.2016. Counsel submitted that if the petitioner were to be dispossessed even while his appeal is pending but not heard for non -availability of the Presiding Officer and the judgment of the trial court has not attained finality, it would entail gross injustice.

(3.) It has been prayed that in the circumstances it be directed that the execution proceedings pursuant to the certificate of possession dated 30.04.2015 issued by the Rent Tribunal, Kota remain stayed till the appointment of a Presiding Officer in the Appellate Rent Tribunal, Kota. Thereupon it would be open for the tenant to seek stay on the rent Tribunal's judgment dated 30.04.2015 / 05.03.2016.