BHARAT KUMAR Vs. SHYAM SUNDER

JUDGEMENT

(1.) This petition is directed against order dtd. 28/5/14 passed by the Appellate Rent Tribunal, Jodhpur Metropolitan, affirming the order dated 27/8/8 passed by the Rent Tribunal, Jodhpur Metropolitan in Rent Case No. 160/07, whereby the petition preferred by the petitioners seeking eviction of the respondents-tenant from a commercial premises, on the ground of default in payment of rent, has been dismissed.

(2.) The petitioners let out a commercial premises to the respondents for monthly rent a sum of Rs.1,050.00 per month. On account of failure on the part of the respondents-tenant in making payment of rent due from him for four months, the petitioners served the respondents with the notice by registered post disclosing their bank account number and the name of the bank. The notice was responded by the respondents-tenant vide reply dated 13/4/7. The respondents deposited a sum of Rs.7,903.00towards the rent due in the bank account of the petitioners. The petitioners filed the suit seeking eviction on the ground of default in payment of rent in terms of Sec. 9(a) of the Rajasthan Rent Control Act, 2001 (for short "the Act"). The petition was contested by the respondents by filing a reply thereto taking the stand that the rent due from 1/9/6 to 1/3/7 quantified at Rs.7,903.00 was deposited in the bank account of the petitioners within the stipulated time and thereafter, to avoid any technicalities, a sum of Rs.13,548.00 was deposited by pay order towards the rent due in future and thus, there was no default whatsoever in depositing the rent.

(3.) After due consideration of the evidence on record, the petition was dismissed by the Rent Tribunal observing that in the notice served by the petitioners herein , the period of the rent due was not specified and thus, the petitioners have not approached the Tribunal with the clean hands. On the basis of the record, the Rent Tribunal arrived at the finding that the rent offered by the respondents-tenant was not accepted by the petitioners, however, the said fact was not disclosed in the notice served. The Rent Tribunal arrived at the finding that the default in payment of rent as alleged is not proved. Accordingly, the petition was dismissed vide order dated 27/8/8. The findings arrived at by the Rent Tribunal has been affirmed by the Appellate Rent Tribunal by the order impugned. Hence, this petition.