Alok Sharma, J. - (1.) The Rent Tribunal Jaipur Metropolitan City, Jaipur (hereinafter 'the Tribunal') issued a certificate of possession for the respondent landlord (hereinafter 'the landlord') under its ex-parte judgment dated 13-10-2008 and a corresponding order of eviction against the petitioner-tenant (hereinafter 'the tenant') finding a case of default under Section 9(a) of the Rajasthan Rent Control Act, 2001 (hereinafter 'the Act of 2001') made out. The tenant appealed under Section 19 of the Act of 2001. It was dismissed on 7-11-2014.
(2.) Almost inevitably this petition under Article 227 of the Constitution of India praying that both the judgment of the Tribunal and affirming one of the Appellate Tribunal be quashed and set aside.
(3.) Relevant facts are that on 16-7-2007 the landlord filed an application under Sections 6 and 9 of the Act of 2001 before the Tribunal inter alia praying for revision of rent as also direction for eviction of the tenant on the ground of default. His case was that the tenant commencing November, 1999 was in arrears of rent. In the circumstance registered notice (AD) dated 28-6-2003 under the hand of the landlord's counsel, for payment of arrears of rent but confined for reason of limitation for the period of three years commencing June 2001 to May, 2004 aggregating to Rs.4140/- was sent requiring the tenant to deposit arrears of rent in the landlord's account disclosed therein. The registered AD notice was however returned with the postman's endorsement that despite repeated visits to the address none was found in the tenanted premises. A legal notice for payment of arrears Under Postal Certificate (UPC) was also sent on 26-8-2003, but not returned undelivered. The tenant continued to remain in arrears of rent. He was thus a defaulter on payment of rent within the meaning of Section 9(a) of the Act of 2001 and hence liable to be evicted and the landlord put in possession of the tenanted premises.;