ORDER :

(Pushpendra Singh Bhati, J.)

This writ petition has been preferred claiming the following reliefs:

"It is therefore, most respectfully prayed that on behalf of petitioner that this writ petition may kindly be allowed and :-

I. by an appropriate writ, order or direction, the impugned Judgment & Certificate dated 11.07.2022 (Annex-03) passed by the learned Appellate Rent Tribunal, Sriganganagar in Rent Appeal no. 09/2021 CIS No. 10/2021 to the extent of non-considering the application under section 5 of LIMITATION ACT may kindly be quashed and delay may be condoned;

II. the impugned Judgment & Certificate dated 01.04.2019 (Annex-1) passed by the learned Rent Tribunal, Sriganganagar in Rent case no.01/2015 may kindly be quashed and set aside in toto with costs.

III. Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.

IV. Cost of the writ petition may kindly be awarded to the petitioners."

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioners, that on 08.10.2014, the respondent-landlord filed an application (registered as Rent Application no.01/2015) under Section 19 -A of the RAJASTHAN RENT CONTROL ACT , 2001 (hereinafter referred to as 'Act of 2001') before learned the Rent Tribunal, Sriganganagar against the petitioners-tenants seeking payment of rent and arrears thereof, for the period from 01.01.2014 to 31.09.2014, to the tune of Rs. 3,23,400/-.

2.1. The learned Rent Tribunal, vide the impugned order dated 01.04.2019, allowed the said application and directed the petitioners-tenants to pay the due rent from 01.10.2014 to 30.06.2018 and from 10.07.2018 to 31.03.2019; while adjusting the amount already paid by the petitioners-tenants to the respondent-landlord, through cheques on 10.07.2018 as well as in cash on 04.12.2018.

2.2. Against the said impugned order passed by the learned Rent Tribunal, the petitioners-tenants preferred an appeal, before the learned Appellate Rent Tribunal, Sriganganagar, on 02.12.2021, under Section 19 of the Act of 2001 along with an application under Section 5 of the LIMITATION ACT , 1963. The learned Appellate Rent Tribunal vide order dated 11.07.2022, rejected the application under Section 5 of the LIMITATION ACT ; as a consequence whereof, the appeal preferred by the petitioners-tenants also stood dismissed, on the ground of limitation vide the said order.

2.3. Thus, aggrieved by the aforementioned orders, impugned herein, the present petition has been preferred by the petitioners-tenants, claiming the afore-quoted reliefs.

3. Learned counsel for the petitioners-tenants submits that the entire due rent has already been credited, from the bank account of the petitioner's wife to the respondent-landlord's bank account; towards repairs of ceiling and other works, hefty amount, with the consent of the respondent-landlord, was incurred by the petitioners-tenants, but the problem of water leakage from ceiling was still subsisting in the premises in question, apart from various other difficulties being faced by the petitioners-tenants.

3.1. Learned counsel further submits that due to medical reason and treatment thereof, the petitioners-tenants were not able to do business and also could not take any legal advice for filing of appeal in time; therefore, the appeal before the learned Appellate Rent Tribunal was filed, after almost a delay of three years, from the date of passing of the impugned order by the learned Rent Tribunal.

3.2. In support of his sub