- (1.) This writ petition is directed against the order dated 19.8.11 of Appellate Rent Tribunal, Sri Ganganagar, whereby the appeal preferred by the respondent-landlord questioning the legality of the order dated 15.10.08 passed by the Rent Tribunal, Sri Ganganagar in Rent Case No.110/05, dismissing the petition preferred seeking eviction of the petitioner from the premises in question, stands allowed and accordingly, the petitioner is directed to be evicted from the premises in question.
(2.) The respondent/landlord filed a petition for eviction and recovery of rent against the petitioner/tenant before the Rent Tribunal, Sri Ganganagar. The eviction was sought on the ground of default in payment of rent in terms of the provisions of Section 9(a) of the Rajasthan Rent Control Act, 2001 (for short "the Act"). The petition was contested by the petitioner/tenant by filing a reply thereto. On the basis of the pleadings of the parties, the Rent Tribunal framed the issues and parties led their evidence.
(3.) After due consideration of the evidence on record, the Rent Tribunal arrived at the finding that in absence of acknowledgment receipt showing that notice sent by the respondent/landlord was served upon the petitioner/tenant, he cannot be said to have defaulted in payment of rent for a period of four months and therefore, the landlord is not entitled for order of eviction in terms of provisions of Section 9(a) of the Act. Accordingly, the petition preferred by the respondent/landlord was dismissed by the Rent Tribunal vide order dated 15.12.08.;