Alok Sharma, J. - (1.) This petition under Article 227 of the Constitution of India challenges the order dated 28-9-2005 passed by the Rent Control Tribunal Alwar (hereinafter 'the Tribunal) as upheld by the order dated 12-7-2006 passed by the Rent Control Appellate Tribunal, Alwar (hereinafter the Appellate Tribunal). By the aforesaid two orders eviction has been directed against the tenant under provisions of Section 9(a) of the Rajasthan Rent Control Act, 2001 (hereinafter 'the 2001 Act) for having defaulted in payment of due rent in spite of registered notice sent by the respondent landlord (hereinafter 'the landlord') at the correct address of the tenant.
(2.) The relationship of landlord and tenant between the parties is not in dispute. On 4-8-2004 the landlord moved an application under the provisions of 2001 Act before the learned Tribunal in respect of the tenanted shop pleading therein that the shop was under tenancy first of the father of the tenant and thereafter the tenant himself since 28-11-1967. It was submitted that the tenant committed default for the period 1-8-2003 to 31-12-2003 and failed to deposit the rent due at the rate of Rs. 466/- per month for the aforesaid period in spite of registered notice dated 28-1-2004. The landlords case was that the tenant had earlier committed default in payment of rent due for the period of 1-4-2003 to 31-7-2003. Thereafter after negotiations rent had been deposited in the landlords account at the rate of Rs. 466/- per month for the period 1-4-2003 to 31-7-2003.
(3.) It was averred that however with effect from 1-8-2003 the tenant again defaulted in paying rent due, nor tendered it or deposited it in the bank account of the landlord. Rent being due for the period 1-8-2003 to 31-12-2003, a registered notice through counsel was sent by the landlord on 28-1-2004 requiring deposit of rent due for the period 1-8-2003 to 31-12-2003 in the designated bank account of the landlord. It was averred that the tenant in spite of having knowledge of his own default and in spite of the registered notice addressed to him to clear the arrears of rent did not accept the notice or discharge the arrears of rent due. A ground for the tenants eviction was thus made out under Section 9(a) of the Act of 2001. The landlord also stated that the tenant however did make some deposits in the bar account of the landlord on 31-1- 2004, 15-3-2004 and 9-6-2004 aggregating to Rs. 2,100/-, which did not suffice with the requirement of the mandate of Section 9(a) of the 2001 Act where under whole of the arrears of four months of rent due were to be deposited within thirty days of the registered notice deemed to have been served on the refusal to accept it by the tenant on 3-2-2004. It was averred that consequently the tenant committed default in law in payment of rent at the rate of Rs. 466/- per month for the period 1-8-2003 to 31-12-2003 in spite of a registered notice. In these circumstances it was prayed that an order of eviction be passed against the tenant and the landlord put in vacant possession of the tenanted premises. Arrears of outstanding amount of Rs. 2,166/- (after deducting amount paid meanwhile) with interest as on 1-1-2004 and further rent at the rate of Rs. 466/- per month with due enhancement at the rate of 5% per year was also Claimed in support of the application for eviction, the landlord filed affidavits in evidence and copy of rent deed, deposit slip, photo copy of the bank pass book, copy of notice, receipt of post office evidencing dispatch of notice, AD receipt were exhibited as Ex.1 to Ex. 13 Document Ex.9 was return of registered inland letter/notice with the endorsement of the post-man indicating the refusal of the tenant to receive the registered notice sent by the landlord through his counsel.;