SMT. RUKMANI JAIN, W/O GOPAL JAIN, R/O BASAI, MUMBAI, MAHARASHTRA Vs. MOHD. FROOQ, S/O SIRAJ MOHD., AGED 47 YEARS, R/O

JUDGEMENT

(1.) By way of this writ petition, the petitioner Mohd. Farooq (tenant) has approached this Court for challenging the order dated 23.4.2015 passed by the Rent Tribunal, Udaipur in Case No.61/2007 whereby, the application preferred by the petitioner under Sec. 21 of the Rent Control Act was rejected.

(2.) Facts in brief are that the respondent Smt. Rukmani (landlord) filed an application for eviction against the petitioner before the Rent Tribunal on the ground of default in payment of rent. It was specifically pleaded by the landlord that the tenant had not paid rent for a period of 45 months. A notice of default was forwarded to the tenant on 29.12.2006 and he was asked to deposit a sum of Rs. 90,000.00 in the bank account of the landlord at the Bank of Rajasthan Branch Delwara, District Rajsamand. Details of the bank account were provided in the notice. However the tenant, despite receiving the notice did not deposit the due rent. The petitioner tenant, upon appearing before the Tribunal filed a reply to the eviction application and claimed that the property had been sold to him in the year 2004 and thus, the relationship of landlord tenant stood extinguished and there was no question of making payment of any rent to the plaintiff thereafter. However, the fact regarding receipt of notice for default was not disputed in the reply. Subsequently an application under Sec. 21 of the Rent Control Act was preferred by the petitioner tenant before the Tribunal stating therein that the bank account number which was provided in the notice was not of the same municipal area and thus, the mandatory requirement of Sec. 9A of the Rent Control Act, 2001 was not complied with and therefore, the rent eviction application was liable to be dismissed.

(3.) The said application preferred by the petitioner was rejected by the learned Tribunal by order dated 23.4.2015. Whereupon, he has approached this Court by way of the instant writ petition.