S.P.PATHAK, J. - (1.) BY this appeal, challenge has been made to an order passed by the learned Single Judge of this Court dt. 19.01.2007 in S.B. Civil Writ Petition No. 1914/2006 whereby the stay order granted on 21.04.2006 has been vacated.
(2.) FOR disposal of this appeal, necessary facts may be stated that the respondent landlord filed a petition for eviction before the Rent Tribunal, Bikaner. On the basis of pleadings of the parties, three issues were framed. Issue No. 3 was in relation to sub -letting. The learned Tribunal finding issue No. 3 proved, passed the judgment and decree dt. 18.08.2005 against the tenant -petitioner -appellant. Aggrieved, the tenant -appellant preferred an appeal before the learned Rent Appellate Tribunal, Bikaner and the learned Appellate Tribunal, after hearing both sides, confirmed the findings recorded by the Rent Tribunal. Thereafter, petitioner filed S.B. Civil Writ Petition No. 1914/2006, which was admitted and stay was granted to the effect that until further orders effect, operation and execution of certificate for recovery of possession dt. 18.08.2005 (Annex. 12) shall remain stayed. The learned Single Judge, after hearing both sides has vacated the stay order, hence this special appeal has been filed. It has been contended that in view of the findings recorded on Issue Nos. 1 and 2 by learned Rent Tribunal, it cannot be said that Issue No. 3 was rightly decided. It has also been submitted that in view of cross -examination of the plaintiff's witnesses, it is amply proved that there is no evidence available on record to show that the shop in question was given on rent to somebody else, therefore, the finding that the shop was sub -let subsequently by the appellant -petitioner is finding which is against the record, therefore, it was in the fitness of things to have decided the matter completely. It is also stated that since the writ petition has been admitted and the stay has been vacated, therefore, the appellant will suffer irreparable loss in case the stay is not continued till the disposal of the writ petition.
(3.) WE have carefully considered the submissions made before us.;