VISHNUPURI Vs. OM PRAKASH AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the material available on record.

(2.) The respondent No.1 landlord filed an eviction application under Section 9A of the Rajasthan Rent Control Act, 2001 before the Rent Tribunal, Bikaner on the ground of default in payment of rent by the petitioner tenant which was allowed vide judgment (Annexure-1) dated 10.07.2012 passed by the Rent Tribunal, Bikaner in Case No.72/2007 whereby, the petitioner was evicted from the suit premises. The said judgment was affirmed in appeal No.82/2012 filed by the petitioner and the direction to evict him from the suit premises was affirmed.

(3.) Shri Manoj Bhandari, learned counsel representing the petitioner vehemently and fervently urged that the impugned judgments are bad in the eye of law. The petitioner denied his signatures on the notice sent to him for deposition of due rent. The courts below erred in accepting the contention raised by the respondent that the petitioner defaulted in payment of rent and that the mandatory procedure for eviction on the ground of default in payment of rent was not followed. He thus, implored the Court to exercise its supervisory writ jurisdiction and stay the impugned judgments and restrain the petitioner's eviction from the suit premises. In the alternate, Shri Bhandari submits that if this Court is not persuaded with the petitioner's plea for setting aside the impugned judgments on merits, breathing space of one and half years be given to the petitioner on apposite terms and conditions as this Court may decide for acquiring a suitable place for his residence.