Honble RATHORE, J.–This writ petition is directed against the judgment dated 27.9.2004 passed by the Appellate Rent Tribunal, Dholpur in Civil Appeal No. 43/2004. The aforesaid order is mainly challenged by the petitioner on the ground that the Tribunal has not properly considered the case and passed the impugned judgment dated 27.9.2004, which is per se in contravention of Section 9 of the Rajasthan Rent Control Act, 2001.

(2). Learned counsel for the petitioner referred Section 9, which deals with eviction of tenants and is reproduced as under:

``Notwithstanding anything contained in any law or contract by subject to other provisions of this Act, the Rent tribunal shall order eviction of tenant unless unless it is satisfied that, -

(a) the tenant has neither paid nor tendered the amount of rent due from him for four months:

Provided that the ground under this clause shall not be available to the landlord if he has not disclosed to the tenant his bank account number and name of the bank in the same municipal area, in the rent agreement or by a notice sent to him by registered post acknowledgment due:

Provided further that no petition on the ground under this clause shall be filed unles

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