- (1.) This writ petition has been preferred by the petitioner against the order dated 28.01.2013 passed by the Rent Tribunal, Bikaner (for short 'the Rent Tribunal' hereinafter), whereby the learned Rent Tribunal has stayed the execution proceedings in Execution Case No.13/2010 initiated at the instance of the petitioner.
(2.) Brief facts of the case are that the petitioner has filed an application No.81/2003 against the respondent under section 9 of the Rajasthan Land Control Act, 2001 (for short 'the Act of 2001' hereinafter) for eviction on the ground of default. The said application came to be allowed by the Rent Tribunal vide order dated 31.05.2007 and order for eviction was passed against the respondent and the respondent was directed to evict the premises immediately after six months and handover the possession of the disputed property to the petitioner.
(3.) Being aggrieved with the order dated 31.05.2007, the respondent preferred an appeal before the Appellate Rent Tribunal and the Appellate Rent Tribunal vide order dated 13.09.2012, stayed the execution of the certificate for recovery of possession and directed the respondent to deposit the arrear of rent by 19.09.2012. The respondent failed to deposit the amount within the stipulated period, however, moved an application before the Appellate Rent Tribunal for modification of the order dated 13.09.2012, which came to be rejected by the Appellate Rent Tribunal vide order dated 05.10.2012 and the interim order dated 13.09.2012 was vacated. Against the order dated 05.10.2012, the respondent preferred a writ petition (SBCWP No.11553/2012) before this Court and this Court vide order dated 30.10.2012 while issuing show cause notice to the petitioner, passed an interim order in the following terms: "In the meanwhile, the certificate for recovery of possession issued pursuant to judgment dated 31.05.2007 passed by the Rent Tribunal, Bikaner in Rent Case No.81/2003 shall not be executed provided the petitioner deposits a sum of Rs.53,737/- on or before 02.11.2012. It is made clear that if the petitioner fails to deposit the amount in terms of this order, the certificate for recovery of possession may be executed forthwith.";