- (1.) AFTER having heard the learned counsel for the appellant - tenant and having perused the material placed on record, we are not persuaded to entertain this intra -court appeal against the order dated 29.03.2013, as passed by the learned Single Judge of this Court in CWP No. 956/2013.
(2.) THE learned Single Judge has found no reason to interfere with the concurrent findings of the Rent Tribunal, Jodhpur and the Appellate Rent Tribunal, Jodhpur against the appellant -tenant on the question of default in payment of rent, as also with the finding of the Appellate Tribunal on the question of reasonable and bona fide requirement of the respondent -landlord; and has, therefore, dismissed the writ petition filed by the appellant -tenant while granting him extra time of six months to vacate on the given terms and conditions. The learned counsel for the appellant seeks to submit that the petition for eviction was filed in this case even before expiry of the period of 30 days, as given in the notice for payment of allegedly due rent and hence, the petition ought to have been dismissed as premature. The learned counsel further seeks to contend that during the course of consideration of the matter, when there was a dispute about the rate of rent as also its payment, the appellant -tenant prayed for summoning of the income tax returns filed by the landlord to which, the Rent Tribunal observed that such aspect of the matter would be considered at the time of final disposal but no order in that regard was passed by the Tribunal. The learned counsel yet further seeks to submit that the findings on reasonable and bona fide requirement of the landlord could not have been returned in this matter by the Appellate Rent Tribunal when the appeal was not presented on the requisite and proper court fees inasmuch as the appeal was preferred on a court fees calculated on the basis of the rate of rent at Rs. 20/ - per month though the same ought to have been presented on a court fees calculated on the rate of rent as per the findings of the Rent Tribunal i.e., @ Rs. 100/ - per month.
(3.) IN our view, the submissions sought to be made do not lead to any ground for interference by the writ Court in the judgments and orders passed by the Rent Tribunal and the Appellate Rent Tribunal.;