Sangeet Lodha, J.

This petition is directed against judgment dated 28.3.16 passed by the Appellate Rent Tribunal, Jodhpur Metropolitan City, whereby the appeal preferred by the appellant against the judgment dated 30.9.14 of Rent Tribunal, Jodhpur Metropolitan City, has been allowed and the matter has been remanded to the Rent Tribunal for decision afresh with a direction to summon the documents relating to the EMO numbers mentioned in the postal receipts placed on record by the respondent herein and after giving the parties an opportunity to lead the evidence in respect thereof.

2. The relevant facts are that the petitioners herein preferred a petition for revision of the rent and eviction of the respondent from the commercial premises. The eviction was sought on the ground of default in payment of rent in terms of provisions of Section 9 (a) of the Rajasthan Rent control Act, 2001 ('the Act'). The petitioners averred that the respondent did not tender the amount of rent for four months quantified at Rs.44,000/- even after disclosure of the bank account number and the name of the bank within the municipal area by way of notice sent to him by registered post, acknowledgment due.

3. The petition was contested by the respondent by way of reply to the petition inter alia taking the specific stand that the rent was remitted to the petitioners herein by way of properly addressed money orders dated 29.5.10, but the petitioners refused to accept the same. The respondent also claimed that the amount of rent if any due, could have been adjusted out of the security amount given by her to the petitioners for the purpose of construction.

4. On the basis of the pleadings of the parties, the Rent Tribunal framed the issues and the parties led their evidence.

5. In support of the stand taken regarding the tender of rent due through money order, the petitioners produced the documents Ex.D7 to D30, showing that the money orders were sent, which were returned with the endorsement "Refused".

6. After due consideration of the evidence, the Rent Tribunal arrived at the finding that the respondent has neither paid nor tendered the amount of rent due from him for four months despite notice being sent by the petitioners herein by way of registered post, acknowledgement due, disclosing the bank account number. The evidence produced on behalf of the petitioners regarding remittance of the rent by way of properly addressed money order was not found acceptable by the Rent Tribunal observing that in the said receipts the name of the petitioners is not mentioned and the same do not specify the months for which the rent was tendered. Accordingly, the petition seeking eviction was allowed vide judgment dated 30.9.14.

7. Aggrieved thereby, the respondent preferred an appeal before the Appellate Rent Tribunal, Jodhpur Metropolitan City. During the pendency of the petition, the appellant preferred an application under Section 19 & 21 of the Act, stating that the rent for the period of four months amounting to Rs.42,000/- was sent by the respondent herein to the petitioners by way of 12 money orders on 29.5.10. It was averred that the postal receipts whereby the money orders were sent, were handed over to the counsel appearing for the respondent herein before the Rent Tribunal, however, the same were neither produced before the Rent Tribunal nor the same were returned to the respondent. It was further averred that the photo stat copies of the receipts were available in the file handed over to the respondent by the counsel appearing on his behalf before the Rent Tribunal. The photo stat copies of the receipts were produced by the respondent along with the application filed as aforesaid.

8. After due consideration, the Appellate Rent Tribunal found that the photo stat copies of the receipts sought to be produced on record by the respondent herein issued by the Postal Department, the name of the landlord, the petitioner herein, and e-MO number are specifically me