CW 4206/10 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.4206/2010 Smt. Sushila Devi Vs. Ratan Lal & anr. Date Of Order :: 06/04/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Anudyuti Maitra, for petitioner. Mr. Dinesh Kala, for respondent. Instant petition has been filed by the defendant-petitioner assailing the order of the Appellate Rent Tribunal and so also of the Rent Tribunal respectively dt.18.2.10 & 3.10.08 in the instant petition. Non-petitioner-applicant filed a suit for eviction u/s. 19(a) of Rajasthan Rent Control Act, 2001 and it was alleged that tenant neither paid nor tendered the amount of rent due of more than four months. It was alleged that after the notice being served, since the outstanding rent was not paid, the petitioner committed default and was liable for eviction from the demised property. Counsel for petitioner submits that so far as notice sent through regd. A.D. is concerned, it was never served upon him and a notice sent by non-petitioner under postal certificate on which the Tribunal took cognizance and it was held that notice was duly served upon the petitioner-defendant and since he has not paid outstanding rent, after CW 4206/10 (2) notice being served within the statutory period provided u/s. 19(a) of the Act,2001 has committed default and liable for eviction, vide judgment & decree dated 3.10.08. Against the order of the learned Tribunal, the petitioner preferred appeal before the Appellate Rent Tribunal which was rejected vide order dated 18.2.10. The foremost submission made by counsel for petitioner is that it is expected from the appellate authority, Rent Tribunal herein, to appreciate the evidence and the material which came on record being a regular first appeal before concurring with the finding recorded by the Tribunal, which is completely missing in the instant case and what has been observed is nothing but a superficial examination of record. Counsel for respondent while supporting the finding of the Appellate Rent Tribunal submits that what was required has been appreciated and when the final conclusion remained the same, it was not expected from Appellate Rent Tribunal to assign detail reasons in support thereof. Counsel further submits that the petitioner has not paid the rent as determined by the Tribunal which was Rs.1210/- payable from 17.3.07 and in the absence of outstanding rent being paid by the petitioner he is not entitled for any equitable relief CW 4206/10 (3) from this Court under Article 226 & 227 of the Constitution. So far as payment of outstanding rent is concerned, counsel for petitioner submits that rent has been paid and if at all it is due it will be paid. Rent Tribunal passed a decree in favour of non-petitioner of ejectment only on the ground of default and this Court would like to observe that since appeal was preferred by the petitioner it was expected from the Appellate Rent Tribunal to re- appreciate the evidence recorded and the other material which came on record and what it appears to this Court from the observation being made by the Appellate Rent Tribunal is only a superficial examination of the record which cannot be appreciated by this Court and that being a regular first appeal, it is expected to examine the record in totality while examining the finding which has been recorded by the Tribunal but at the same time the petitioner is also under obligation to pay the rent as determined by the Tribunal till the appeal is being finally decided by the Appellate Rent Tribunal. Consequently, writ petition stands allowed. The order of the Appellate Rent Tribunal dt.18.2.10 passed in appeal no.117/08 is hereby quashed and set aside. The matter CW 4206/10 (4) is remitted back to the Appellate Rent Tribunal to hear the appeal afresh and after affording opportunity of hearing to the parties may be decided in accordance with law. At the same time, petitioner will pay rent as determined by the Tribunal which is subject to final decision of appeal. However, if any rent is still outstanding that will be paid within one month. Parties are directed to appear before the Appellate Rent Tribunal, Jaipur on 26.4.2010. It is expected to dispose of appeal expeditiously. A certified copy of this order may also be sent to the Presiding Officer for perusal. (Ajay Rastogi),J. VS Shekhawat/-p.4 4206cw10Apr6fnl.rmnd.doc