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Judgment
Instant writ petition has been filed by the petitioner against the order dt.13-10-2017 passed by Appellate Rent Tribunal, Jaipur Metropolitan whereby
the appeal filed by the petitioner-landlord against the order dt.5-6-2017 passed by the Rent Tribunal, Jaipur qua issue No.3 was dismissed.
On perusal of the material on record, it reveals that the Rent Tribunal passed the decree of eviction in favour of the petitionerlandlord vide judgment &
decree dt.5-6-2017, however, the issue no.3 relating to arrears of rent & electricity charges was partly allowed in favour of the petitioner-landlord and
he was held entitled for arrears of Rs.24,000/- instead of Rs.42000/-.
The petitioner-landlord being aggrieved from the judgment & decree passed by the learned Rent Tribunal dt.5-6-2017 preferred appeal before the
Appellate Rent Tribunal, Jaipur Metropolitan which was dismissed qua issue no.3 vide judgment dt.13-102017. Hence the present writ petition has
been filed by the petitioner-landlord.
Heard learned counsel for the parties and perused the material on record.
Counsel for the petitioner submitted that the learned Appellate Rent Tribunal has erred in not considering the rent receipt dt.1-8-2013 for the month of
July,2013 filed by the petitioner before the Appellate Rent Tribunal in which it has been mentioned that received Rs.2000/- while in figure Rs.1200/-
has been mentioned.
Counsel further submits that the learned Rent Tribunal has wrongly decided the issue no.3 against the petitioner-landlord and has not rightly considered
the rent receipt dt.1-8-2013 in which the rent mentioned in the figure is Rs.1200/- while in words it is Rs.2000/-.
Counsel further submits that the learned Appellate Rent Tribunal has also erred in dismissing the appeal preferred by the petitioner-landlord against the
judgment & decree passed by the learned Rent Tribunal dt.-5-6-2017 and submits that the order passed by the Appellate Rent Tribunal dt.13-10-2017
deserves to be set aside and the matter deserves to be remanded to the Appellate Rent Tribunal to decide the issue no.3 afresh considering the rent
receipt dt.1-8-2013 filed by the petitioner-landlord.
Counsel for the respondent-tenant submits that there is concurrent finding of both the courts below on issue no.3 and no interference is required by
this Court.
This Court has considered the rival submissions made by the counsel for the parties and has also gone through the material on record.
A bare reading of the finding given by the Appellate Rent Tribunal on issue no.3 shows that the learned Appellate Rent Tribunal has not properly
considered the document available on record before it i.e. the rent receipt dt.1-8-2013 where in words the rent has been mentioned as Rs.2000/- while
in figures it is mentioned as Rs.1200/-.
In that view of the matter, in the opinion of this Court, the order passed by the Appellate Rent Tribunal dt.13-10-2017 deserves to be set aside and the
matter deserves to be remanded back to the Appellate Rent Tribunal, Jaipur Metropolitan to decide the issue no.3 after taking into consideration the
rent receipt dt.18-2013 and the evidence adduced by the parties in this regard.
Consequent upon the discussion made hereinabove, the order passed by the Appellate Rent Tribunal, Jaipur Metropolitan dt.13-10-2017 is set aside
and the matter is remanded back to the Appellate Rent Tribunal to decide the matter afresh qua issue no.3 taking into consideration the rent receipt
dt.1-8-2013.
The parties are directed to appear before the Appellate Rent Tribunal, Jaipur Metropolitan, as jointly agreed, on 1-6-2018.
Copy of this order be sent to the Appellate Rent Tribunal, Jaipur Metropolitan forthwith.