Hon'ble RAFIQ, J.—This writ petition has been filed by the petitioner Raghuveer Prasad Sharma, who is tenant in the premise, of which respondent Smt. Manju Bansal is landlord. Tenancy commenced on 1.10.1984 with a rent of Rs. 500/- per month. When the Rajasthan Rent Control Act, 2001 (for short `the Act') came into force w.e.f. 1.4.2003, the respondent-landlord filed an application under Section 6 of the Act before the Rent Tribunal, Kota (for short `the Rent Tribunal') which was dismissed vide order dated 28.11.2006 by the Rent Tribunal against which an appeal was filed by the respondent-landlord before the Appellate Rent Tribunal, Kota (for short `the Appellate Rent Tribunal') which was allowed vide order dated 25.4.2008 and on revision, rent was fixed at Rs. 1,050/- per month w.e.f. 1.4.2003. According to the respondent-landlord, a sum of Rs. 69,085/- was due towards arrears of rent. The respondent-landlord filed an application under Section 9(a) of the Act against the petitioner-tenant on the premise that a sum of Rs. 69,085/- was due to be paid by the petitioner-tenant on revision of rent as per order dated 25.4.2008 passed by the Rent Tribunal under Section 6 of the Act. After adjustment of amount of Rs. 42,323/-, which was deposited by the petitioner-tenant in Saving Bank Account No. 697 of the Oriental Bank of Commerce, Branch Aerodrum Circle, Kota, total unpaid amount of arrears of rent as on 31.7.2008 was Rs. 29,762/-. As per condition No. 1 of the agreement between the parties, if the amount of rent is not paid by 5th day of the month, interest @ Rs. 1.50 per hundred per month was payable. Thus, total amount of Rs. 1,862/- was payable as interest. The respondent-landlord serveda notice on the tenant in relation to unpaid amount of arrears of rent on 23.5.2008 whereafter the tenant deposited amount of Rs. 1,313/- on 9.6.2008; Rs. 19,013/- on 3.7.2008; Rs. 1,313/- on 8.7.2008; Rs. 1,315/- on 8.8.2008. Thus, total amount of Rs. 22,954/- was paid by the tenant and still amount of Rs. 5,670/- remained unpaid. He has thus committed default in payment of rent and is liable to be evicted. The Rent Tribunal vide judgment dated 3.4.2012 dismissed the eviction petition and held that if certain amount was due to be paid pursuant to revision of rent under Section 6 of the Act, the same can be recovered by the landlord as the order aforesaid was executable and she can initiate execution proceedings, but non-payment of differential amount of arrears of rent in this behalf cannot be said to be default in the meaning of Section 9(a) of the Act. Further, the Appellate Rent Tribunal vide judgment dated 8.1.2015 has reversed that finding of the Rent Tribunal and held that even non-payment of such amount, despite service of notice under Section 9 of the Act, would tantamount to default. It, therefore, directed eviction of the petitioner-tenant. Hence, this writ petition has been filed by the petitioner-tenant.

2. Mr. Rajveer Sharma, learned counsel for the petitioner has argued that the petitioner was presently paying rent @ Rs. 1,748/- per month. Even since revision of rent, he is regularly paying rent in the bank account of the respondent-landlord. Reference is made to the receipt of months of April, 2015 to July, 2015. The Appellate Rent Tribunal while revising the rent under Section 6 of the Act required the petitioner to deposit a sum of Rs. 1,050/- as rent in the bank account of respondent. The petitioner has quantified and paid total sum of Rs. 43,123/- in the bank account of the respondent and thereafter further deposited a sum of Rs. 2,626/- and Rs. 19,113/-. Thus, total amount of Rs. 64,762/- was deposited by him. Balance amount of Rs. 1,286/- has been deposited by the petitioner in the bank account of the respondent vide receipt dated 5.4.2012. The petitioner on obtaining copy of order of revision of rent dated 25.4.2008 made deposit of Rs. 1,313/- vide receipt dated 9.6.2008 and thereafter also further deposited ren