- (1.) This writ petition has been preferred by the petitioner, while challenging the judgment dated 22.03.2011 passed by the learned Appellate Rent Tribunal (District Judge), Bhilwara, (for short 'the appellate tribunal' hereinafter) in Civil Appeal (Rent Control) No.69/2008 and the judgment dated 01.05.2008 passed by the Rent Tribunal (Civil Judge-S.D.), Bhilwara (for short 'the Rent Tribunal hereinafter), in case No.169/2005.
(2.) Brief facts of the case are that the respondent No.3 filed an application under Section 6 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as 'the Act of 2001') for revision of rent of shop situated at Station Road, Bhopalganj, Bhilwara. Registered notices were sent to the petitioner by the learned Rent Tribunal, however, the same were returned with a report that the shop in question is closed from last so many days. On an application preferred by the respondent the learned Rent Tribunal has ordered for substitute service upon the petitioner by publishing the notice in the newspaper of the area concerned. In pursuance of that, the notice was published in the newspaper, however, despite the publication, the petitioner failed to put in appearance before the learned Rent Tribunal. The matter was proceeded ex-parte against the petitioner, and the learned Rent Tribunal passed the order dated 01.05.2008, while observing that the respondent is entitled to receive rent at the rate of Rs.683/- per month from the date of filing of the application. It is also ordered that as per the provisions of Section 6 of the Act of 2001, the respondent is entitled to get increased rent at the rate of 5% every year.
(3.) Being aggrieved with the judgment dated 01.05.2008 passed by the learned Rent Tribunal the petitioner preferred an appeal before the appellate tribunal on the ground that the notices issued by the learned Rent Tribunal have not been served upon the petitioner as per the procedure laid down under Section 15 of the Act of 2001.;