JUDGMENT :

Ashok Bhushan, J.

These appeals have been filed by the appellant, the landlord of the premises in question, challenging the judgment of the Rajasthan High Court dated 09.10.2014 allowing the writ petition filed by the tenant setting aside the order of eviction passed by Rent Tribunal as well as Appellate Rent Tribunal. Division Bench of the Rajasthan High Court vide its judgment dated 14.12.2015 dismissed the Special Appeal (Writ) of the landlord as not maintainable.

2. Brief facts of the case necessary to be noticed for deciding these appeals are:

The appellant is landlord of Shop No.3 and 4 in Plot No.362 which was let out to the respondent-tenant in August, 1995 at the rent of Rs.8,500/- per month. A Rent Deed dated 19.08.1995 was executed between the parties. Rent deed contained a clause for yearly increase of rent by 10%. The tenant continued to pay rent to the landlord as per the agreed rent with 10% enhancement yearly. In the year 2003 the tenant was making payment of rent at the rate of Rs.16,564/- per month. In April, 2003, rent which was paid by the tenant was Rs. 16,564/-, upto July, 2003 the tenant paid the rent at the rate of Rs.16,564/- per month. The landlord