VEERENDR SINGH SIRADHANA,J. - (1.) By order dated 8th September, 2015; the Additional District Judge, Kotputli, District Jaipur, while allowing Appeal No.9/2007 (Umrao and Ors. v. Mahesh Kumar) , reversed the order dated 23rd March, 2007, made by the Civil Judge (Junior Division), Kotputli, District Jaipur, wherein the defence of the defendants/non-petitioners was struck off; of which the plaintiff/petitioner is aggrieved of.
(2.) Shorn off unnecessary details, the essential skeletal material facts are that the plaintiff/petitioner rented out a shop situated in Mohalla Bachari, Town Kotputli, to the defendants/non-petitioners @ Rs.65/- per month. It is pleaded case of the petitioner that the rent was enhanced from time to time. In the year 1997, the enhanced rent was Rs.300/- per month. The defendants/non-petitioners committed default in payment of rent since 5th July, 1996, and therefore, the plaintiff/petitioner terminated the tenancy on 5th March, 1999 and instituted the suit proceedings on 5th April, 1999, for eviction and recovery of outstanding amount of rent due to the tune of Rs.8,220/-. The plaintiff/petitioner also prayed for rent @ Rs.300/- per month till vacant possession of the shop was handed-over to him and for a restraint order for any material alteration as well as sub-letting of the shop in dispute pending suit proceedings. The Trial Court determined interim rent @ Rs.75/- per month for the period with effect from 5th July, 1996 to 31st March, 2002, as would be reflected from the order dated 21st March, 2002. The defendants/tenants were directed to deposit the rent @ Rs.75/- per month by 15th of every month in future while the plaintiff/petitioner was also directed to furnish his bank account number. On an appeal, the Appellate Court confirmed the order made by the Trial Court and determined the amount of rent due for 69 months @ Rs.75/- per month (with effect from 5th July, 1996 to 31st March, 2002), to the tune of Rs.5,175/- and an interest of Rs.892.53 thereon, which totalled to Rs.6,067.53/-, which was to be deposited on or before 8th April, 2002. The defendants/tenants deposited a sum of Rs.6,143/-, which included rent upto 30th April, 2002. The rent for the month of May, 2002, was deposited on 18th June, 2002, that was required to be deposited on or before 5th June, 2002. On an application under Section 13(4-A) and (5) of the Rajasthan Rent Control Act, 1950 (for short "the Act of 1950"), the defence of the defendants/non-petitioners was struck off vide order dated 23rd March, 2007.
(3.) The Additional District Judge, Kotputli, on an appeal quashed and set aside the order dated 23rd March, 2007, made by the Trial Court while condoning the delay in deposit the rent, as would be evident from the impugned order dated 8th September, 2015. Learned counsel for the plaintiff/petitioner, reiterating the pleaded facts and grounds of the writ application, asserted that the impugned order made by the Appellate Court dated 8th September, 2015, is absolutely illegal and contrary to the provisions of the Act of 1950 so also the law declared by the Apex Court of the land.;