Sangeet Lodha, J.

This petition is directed against order dated 26.10.15, passed by the Rent Tribunal,Udaipur, in Rent Case No.920/14, whereby an application preferred by the petitioner under Section 21 of Rajasthan Rent Control Act, 2001 ( for short "the Act"), praying for striking off the defence of the respondent and allowing the petition for eviction and recovery of rent and the damages for the use and occupation, stands rejected.

2. The relevant facts are that the petitioner-landlord leased out a premises measuring 700 sq. ft. to the respondent for a period of five years for running a restaurant. The respondent defaulted in payment of rent and closed the business after a few months. The petitioner issued notice to the respondent for payment of due rent but the same was not paid. The respondent was served with notice under Section 106 of the Transfer of Property Act,1882 (for short "the Act of 1882") and thereafter, the petitioner preferred a petition for recovery of arrears of rent and possession of the leased property as also claiming damages for use and occupation.

3. The petition is being contested by the respondent by filing a reply thereto as also a counter claim, t