Vikas Kumar vs Mohan Lal

Vijay Bishnoi, J.—By this writ petition, the petitioner has challenged the order dt. 19.09.2013 passed by the Rent Tribunal, Chittorgarh (hereinafter referred to as "the Tribunal") whereby the learned Tribunal has closed opportunity to the petitioner-tenant of filing reply to the eviction petition preferred on behalf of the respondent No. 1. Despite service of show cause notice, nobody has put in appearance on behalf of respondents.

Learned counsel for the petitioner has contended that due to some compelling circumstances, the petitioner could not file reply to the eviction petition preferred by the respondent No. 1 before the Rent Tribunal and prayed for one last opportunity for filing reply before the Tribunal. The learned counsel for the petitioner has also argued that the petitioner is ready to pay reasonable cost to the landlord, respondent No. 1 in this regard.

As observed earlier, despite service of notice, the respondent No. 1 has not chosen to contest this writ petition and, therefore, in the interest of justice, the petitioner deserves to be granted one last opportunity, on payment of cost, to file reply to the eviction petition pending before the learned Tribunal. It is informed by the learned counsel for the petitioner that the next date fixed by the Tribunal in the eviction petition No. 5/2013 is 27.11.2013. In the above mentioned circumstances, this writ petition is allowed. The impugned order Dt. 19.09.2013 is quashed and set aside. The petitioner is granted one last opportunity to file reply to the eviction petition No. 5/2013 preferred by the respondent No. 1 before the Rent Tribunal, Chittorgarh, subject to condition that the petitioner will pay a cost of Rs. 3,000/- to the respondent No. 1 on or before 27.11.2013. It is made clear that if the petitioner fails to file reply and to pay the cost as directed above, the order Dt. 19.09.2013 will revive automatically and no further opportunity will be granted to the petitioner to file reply to eviction petition.