H.R. Panwar, J. - (1.) By the instant writ petition under Arts. 226 & 227 of the Constitution of India, the petitioners have challenged the order Annx.5 dt. 15.03.2008 passed by respondent No.2 Rent Tribunal, Jodhpur (for short 'the Tribunal' hereinafter) declining to take on record the reply submitted by the petitioners to the application filed by the respondent No.1 landlord seeking order of eviction of the petitioners from the disputed premises.
(2.) I have heard learned counsel for the petitioners. Carefully gone through the order impugned and the material available on record.
(3.) The respondent No.1 filed an application under Sec. 9 of the Rajasthan Rent Control Act, 2001 (for short 'the Act of 2001' hereinafter) vide Annx.1 for recovery of vacant possession of the disputed premises. The notice of the application was served on the petitioners on 21.09.2007. On 25.10.2007, Mr. Karunanidhi Vyas, counsel appeared on behalf of the petitioners and filed power as also sought time to file reply. It appears that no reply was filed almost for a period of five months and after about five months, on 13.03.2008, an application was moved before the tribunal for taking on record the reply and for condoning the delay on the ground that the non-applicants No.1 and 2 who are petitioners herein, prepared the written statement and signed but the non-applicant No.3 fell ill and therefore, he could not sign the reply and as such the same could not be submitted before the statutory period before the Tribunal. The Tribunal noticing the events came to the conclusion that there is no sufficient evidence to show that son of the non-applicants No.2 and 3 fell ill resulting in not signing the reply. Even otherwise, the period for filing the reply as envisaged under Sec. 15(3) of the Act of 2001 is 45 days from the date of service of notice. Sub-section (3) of Section 15 of the Act of 2001 provides that the tenant may submit his reply, affidavits and documents after serving the copies of the same to the petitioner, within a period not exceeding forty five days from the date of service of notice. The Tribunal finding no sufficient ground preventing the petitioners to file the reply to the application seeking eviction of the premises, within time, dismissed the application and declined to take the reply on record sought to be filed after a period of five months from the date of service of notice.;