- (1.) By this writ petition, a challenge is made to the orders passed by the Rent Tribunal so as Appellate Rent Tribunal issuing certificate of possession.
(2.) An application for eviction was filed by the non-petitioner-landlord. It is by invoking Section 9(a) of Rent Control Act, 2001 (in short "the Act"). After adjudication, certificate of possession was issued. On a challenge to the order of the Rent Tribunal so as Appellate Rent Tribunal by a writ petition, the case was remanded back. It was on the ground that opportunity to cross-examine the witnesses was not provided. On remand of the case, the petitioner-tenant made application to take affidavit of two new witnesses. The application aforesaid was dismissed on the ground that the case has been remanded by the High Court only to permit cross-examination of the witnesses, thus new evidence cannot be led by the petitioner. The petitioner is aggrieved by the order passed on the said application. The challenge is also to the final order passed by the Rent Tribunal so as Appellate Rent Tribunal.
(3.) Learned counsel submits that no default was committed by the petitioner-tenant as immediately after notice to pay rent, it was tendered before the expiry of the period of 30 days. In the background aforesaid, a case of default in payment of rent was not made out. The Rent Tribunal so as Appellate Rent Tribunal found it to be a case of default as amount paid by the petitioner towards rent was considered to be less as it was on a different rate than claimed by the non-petitioner-landlord. The issue for consideration before the Tribunal was as to whether remittance of the rent by the petitioner-tenant was proper or not.;