Default in rent payment justifies eviction; refusal to accept notice constitutes valid service.

ORDER :

(Nupur Bhati, J.)

The petitioner has preferred this writ petition under Articles 226 and 227 of the Constitution of India challenging the judgments and decrees dated 24.12.2018 (Annex.9) and 22.08.2023 (Annex.11) passed by Rent Tribunal, Sri Ganganagar and Appellate Rent Tribunal, Sri Ganganagar respectively, whereby application preferred by respondent/landlady under Section 9 of the Rajasthan Rent Control Act, 2001 ('Act of 2001') seeking eviction of the petitioner/tenant from the suit shop has been allowed and certificate of possession has been issued in favour of respondent/landlady. The Rent Tribunal, Sri Ganganagar also directed the petitioner to pay mesne profit three times of the monthly rent to the landlady.

2. The apposite for the purpose of disposal of this writ petition are that the respondent/landlady had preferred application under Section 9 of the Act of 2001 on 04.04.2016 seeking eviction of the petitioner/tenant from the suit premises i.e. shop measuring 10'x30' situated at C-Block, Sri Ganganagar, which was initially let out on a monthly rent of Rs.2325/- under an agreement dated 16.11.2006. In the application, it was inter-alia averred by the respondent that the petitioner/tenant voluntarily stopped paying the agreed rent of the suit shop and thereafter after service of legal notice, the tenant deposited the rent in the bank account of the respondent. Thereafter, for the period viz. 01.07.2015 to 31.01.2016 when rent was not paid and there was default of four months, a registered legal notice was issued on 24.02.2016, which the petitioner/tenant deliberately refused to accept the same and with the aforesaid endorsement the registered notice was returned by the postal department to the counsel for the landlady. Even after expiry of thirty days, the petitioner/tenant failed to deposit the rent for the period 01.07.2015 to 31.06.2016 and it was on 28.03.2016 that the petitioner deposited Rs.9813/- towards rent for the months of 7/2015, 8/2015 and 9/2015 and thus the petitioner committed default in payment of the rent. The respondent/landlady thus filed the application under Section 9 of the Act of 2001 seeking eviction of the petitioner from the suit shop and decree of due amount of the rent.

3. After receipt of the summons, the petitioner/tenant filed reply to the application under Section 9 of the Act of 2001. In the reply, the petitioner/tenant averred and accepted that the rent of the suit shop was Rs.3271/- per months, and the same was to paid quarterly in terms of the agreement. The petitioner/tenant denied the default of four months in payment of the monthly rent. The petitioner/tenant further averred that there was no default on his part in payment of the rent, inasmuch as on 26.02.2016, the petitioner had already deposited Rs.9812/- in the bank account of the respondent/landlady and as such no rent of more than four months was due. The petitioner thus prayed that the application be rejected.

4. Thereafter, on the basis of pleadings of the parties, the Rent Tribunal, Sri Ganganagar proceeded to frame three issues.

5. On behalf of respondent/landlady, she examined herself as AW.1 and one Sh. Birbal Jakhar as AW.2 and also filed their affidavits, upon which they were cross-examined. On behalf of petitioner/tenant, he examined himself as DW.1 and also filed his affidavit, upon which he was cross-examined.

6. The Rent Tribunal, Sri Ganganagar, after hearing the parties and considering the evidenced led by the parties, vide judgment and decree dated 24.12.2018 (Annex.9) granted decree of eviction of the petitioner from the suit shop while also directing him to pay mesne profit @ three times of the rent after three months from the date of judgment.

7. Being aggrieved of the order dated 24.12.2018 (Annex.9), the petitioner/tenant preferred appeal before the Appellate Rent Tribunal, Sri Ganganagar. During pendency of the said appeal, an application purportedly under Order 41, Rule 27 read with section 151