The High Court dismissed a writ petition challenging the Appellate Rent Tribunal's order refusing to recall an interim stay on eviction, upholding the original proceedings based on the tenant's counsel's concession regarding rent payments.
The petition and the stay application were dismissed.
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S.B. CIVIL WRIT PETITION NO.12114/2014 (Prakash Chand Yadav Vs. Alok Mathur)
(1)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
O R D E R
IN
S.B. CIVIL WRIT PETITION NO.12114/2014 (Prakash Chand Yadav Vs. Alok Mathur)
Date of Order : 11.11.2014
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. N.S. Sikarwar, for the petitioner. BY THE COURT
This petition has been filed against the order dated 10.07.2014 whereby the Appellate Rent Tribunal dismissed an application filed by the petitioner-appellant-tenant (hereinafter 'the tenant') for part recalling of the interim order dated 04.03.2014, passed by it recording the concession of the counsel of the tenant that the eviction order and certificate of possession passed / issued by the Rent Tribunal on 04.10.2013 for eviction of the tenant be stayed subject to the payment of due rent and future rent for the tenanted premises to the respondent-landlord (hereinafter 'the landlord').
Heard the counsel for the tenant and perused the interim order dated 04.03.2014 as also the order dated 10.07.2014.
A perusal of the interim order dated 04.03.2014 indicates that it was based on the concession of the counsel for the tenant that the rent due to the landlord would be paid as also
S.B. CIVIL WRIT PETITION NO.12114/2014 (Prakash Chand Yadav Vs. Alok Mathur)
(2)
would be current rent. On the statement made, the Appellant Rent Tribunal, Jaipur Metropolitan stayed the order dated 04.10.2013, passed by the Rent Tribunal directing eviction of the tenant on account of his default in the payment of rent which constituted a ground for eviction under Section 9 of the Rajasthan Rent Control Act, 2001. In considering the application for part recalling of the order dated 04.03.2014, the learned Appellate Rent Tribunal has held that the concession having been made by the counsel for the tenant as a condition of the interim order dated 04.03.2014, there was no occasion to modify it. It is trite that the order-sheets of the courts cannot be made subject matter of a challenge in an appeal or otherwise under Article 227 of the Constitution of India. The Appellate Rent Tribunal has held that the concession was indeed made, based whereon the interim order was passed and so holding has dismissed the application for part recalling the interim order dated 04.03.2014 as sought to the extent of payment of arrears of rent.
I find no force in the writ petition. Dismissed. Stay application is also dismissed.
(ALOK SHARMA), J
MS/-
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, P.A.
1 issue framed by the court
Whether the dismissal of the writ petition challenging the Appellate Rent Tribunal's refusal to recall an interim stay order on payment of arrears of rent should be allowed.
Colour shows how this judgement treated each authority
Article 227 of the Constitution of IndiaReferred¶15
Prakash Chand Yadav
Alok Mathur
Alok Sharma
As recorded by the court registry
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