- (1.) This writ petition has been filed by the petitioner challenging the order dated 1-4-2011 passed by the Rent Appellate Tribunal, Alwar (hereinafter 'the Appellate Tribunal') setting aside and quashing the judgment and certificate of possession dated 12-8-2009 passed by the Rent Tribunal Alwar (hereinafter 'the Tribunal') in favour of the applicant landlord, now the petitioner (hereinafter 'the landlord').
(2.) The facts of the case are that the landlord filed an eviction petition under Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter Rs. 2001 Act') on the ground of default covered under section 9(a) of the 2001 Act. In the said application it was inter alia contended that the premises in question, description of which was given in para No.3 of the application, was rented out to one Nathi Lal on a monthly rent of Rs.200/- and after the death of tenant Nathi Lal the tenanted premises was in possession and joint tenancy of one Madan Lal, another Rajkumar both sons of Nathi Lal and Natvar Lal grandson of Nathi Lal. It was averred that the monthly rent for the tenanted premises was last paid May, 2004 by deposit in the bank account of the landlord. It was averred that on the joint tenancy of the three aforesaid sons and grandson of original tenant Nathi Lal being in default for over four months, the applicant sent a registered notice to all the non-applicants (joint tenants) disclosing the bank details in which arrears of rent were to be deposited and albeit the notice had been delivered, yet arrear of rent has not been paid by the tenants as required under proviso to Section 9(a) of the 2001 Act. In these circumstances, it was prayed that an order of eviction of tenants, under joint tenancy having succeeded to erstwhile tenant Nathi Lal, be passed on the ground of default and certificate of possession be issued. The application was supported by an affidavit of the landlord. It appears that despite several opportunities reply to the eviction application was not filed by the tenants. The right to file reply to the eviction application was thus closed by the Rent Tribunal.
(3.) The landlord examined himself before the Tribunal in support of his case, and in documentary evidence a copy of the notice dated 28-2-2008 was produced as Exhibit-1, whereby the amount of outstanding rent for four months was demanded and particulars of bank account were given for payment of arrears of rent as prescribed under the Statute. Ex.2 filed by the landlord was receipt of post office dated 28-2-2008, where under registered notice was sent to tenants, and Ex.3 was the original A.D. evidencing the receipt of notice sent on 28-2-2008. The tenants aside of non filing of reply to eviction petition also did not produce any affidavit in opposition or documentary evidence in defence to controvert the case of the landlord.;