SMT. HARSHA JETHWANI W/O SHRI DEEPAK JETHWANI, AGED 26 YEARS, BY CASTE SINDHI, RESIDENT OF PLOT NO.917, 9TH D ROAD, SARDARPURA, JODHPUR Vs. SMT. RENU VEDI W/O SHRI GAURAV VEDI, BY CASTE PUNJABI, RESIDENT OF A

JUDGEMENT

(1.) This petition is directed against judgment dated 28.3.16 passed by the Appellate Rent Tribunal, Jodhpur Metropolitan City, whereby the appeal preferred by the appellant against the judgment dated 30.9.14 of Rent Tribunal, Jodhpur Metropolitan City, has been allowed and the matter has been remanded to the Rent Tribunal for decision afresh with a direction to summon the documents relating to the EMO numbers mentioned in the postal receipts placed on record by the respondent herein and after giving the parties an opportunity to lead the evidence in respect thereof.

(2.) The relevant facts are that the petitioners herein preferred a petition for revision of the rent and eviction of the respondent from the commercial premises. The eviction was sought on the ground of default in payment of rent in terms of provisions of Sec. 9 (a) of the Rajasthan Rent control Act, 2001 ('the Act'). The petitioners averred that the respondent did not tender the amount of rent for four months quantified at Rs.44,000.00 even after disclosure of the bank account number and the name of the bank within the municipal area by way of notice sent to him by registered post, acknowledgment due.

(3.) The petition was contested by the respondent by way of reply to the petition inter alia taking the specific stand that the rent was remitted to the petitioners herein by way of properly addressed money orders dated 29.5.10, but the petitioners refused to accept the same. The respondent also claimed that the amount of rent if any due, could have been adjusted out of the security amount given by her to the petitioners for the purpose of construction.