The main legal point established in the judgment is that the appeal under Section 19(6) of the Rajasthan Rent Control Act, 2001 is not maintainable if the order impugned is not a final order.

1. - Instant writ petition has been filed by the petitioner under Article 227 of the Constitution of India to challenge order dated 3.8.2013 (Annex.-7) passed by the Appellate Rent Tribunal (District Judge), Bhilwara whereby the Appellate Rent Tribunal rejected the appeal filed by the petitioner under Section 19(6) of the Rajasthan Rent Control Act, 2001 against order dated 28.2.2013 passed during the execution proceedings.

2. Learned Counsel for the petitioner submits that order dated 28.2.2013 was final order upon application filed by the petitioner under Section 47 of the Code of Civil Procedure whereby objections were levelled by him, therefore, the rejection of the petitioner's appeal on the ground of maintainability deserves to be quashed. According to the petitioner, the order impugned in appeal before the Appellate Rent Tribunal, Bhilwara dated 28.2.2013 was final order, therefore, the order impugned may be quashed and Appellate Rent Tribunal may be directed to decide the appeal on merit.

3. It emerges from the facts that an application filed under Section 6 of the Rent Control Act, 2001 was decided by the Rent Tribunal vide judgment dated 12.8.2009 and for execution of that order an application was filed by the respondent before the Rent Tribunal. In the proceedings for compliance of the judgment of the Rent Tribunal an application was filed by the petitioner under Section 47, read with Section 151, C.P.C. and raised objection upon which the impugned order was passed in the proceedings for compliance of the judgment dated 11.8.2009.

4. I have perused Section 19(6) of the Rajasthan Rent Control Act, 2001, which reads as under:

"(6) From every final order passed by the Rent Tribunal, an appeal shall lie to the Appellate Rent Tribunal, within the local limits of whose jurisdiction the premises is situated and such an appeal shall be filed within a period of sixty days from the date of final order alongwith copy of such final order."

5. I have also perused Section 21 of the Act of 2001 in which it is provided that provisions of the Civil Procedure Code are not strictly applicable in the proceedings before the Rent Tribunal; meaning thereby, purposely the legislature curtailed the right of filing applications one after another in the proceedings initiated under the Rajasthan Rent Control Act and, in this case, admittedly the petitioner filed application under Section 47, read with Section 151, C.P.C. before the Rent Tribunal in the proceedings for compliance of the judgment. Therefore, obviously that order cannot be treated to be final order. In view of the above, fire Appellate Rent Tribunal has rightly held that appeal under Section 19^t5rthe Act is not maintainable. In view of above, no case is made out for interference.Hence, this writ petition is hereby dismissed.Petition dismissed.

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