[2025:RJ-JP:14302] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3863/2021 Durlabh Kumar Jain S/o Sh. Nathu Lal Jain, Shop No. 2, Visthith Karigar Sangh Dharmshala, Meera Gate-Road, Bundi - Rajasthan. ----Petitioner/Non-Applicant/Tenant Versus Bundi Zila Karigaran Sangh Dharmshala, Meera Gate-Road, Bundi Through President Kailash Chand Saini S/o Chitar Lal Mali, R/o Meera Gate-Road, Bundi - Rajasthan. ----Respondent/Applicant/Landlord For Petitioner(s) : Mr. Atul Kumar Jain For Respondent(s) : HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 28/03/2025 This writ petition under Article 227 of the Constitution of India is directed against the judgment dated 18.02.2021 passed by the learned Appellate Rent Tribunal, Bundi (for brevity, “learned Appellate Rent Tribunal”) whereby, while dismissing the Rent Control Appeal No.5/2019 preferred by the petitioner/non- applicant/tenant (for brevity, “non-applicant”), the final order dated 31.10.2019 passed by the learned Rent Tribunal, Bundi (for brevity, “learned Rent Tribunal”) allowing the rent application no.17/2016 CIS No.17/2016 filed by the respondent/landlord/applicant (for brevity, “applicant”) under Section 9 of Rajasthan Rent Control Act, 2001 (for brevity, “the Act of 2001”), has been affirmed. The relevant facts in brief are that the applicant filed an application under Section 9 of the Act of 2001 against the non- applicant seeking his eviction from the suit premises on the grounds, inter alia, default in payment of rent. The rent application was allowed by the learned Rent Tribunal vide its order [2025:RJ-JP:14302] (2 of 2) [CW-3863/2021] dated 31.10.2019 on the ground of default in payment of rent which has been affirmed by the learned Appellate Rent Tribunal vide its judgment impugned dated 18.02.2021. Assailing the finding recorded by the learned Appellate Rent Tribunal, the only contention advanced by learned counsel for the non-applicant is qua the rate of rent per month payable to the applicant. He, therefore, prays that the writ petition be allowed, the judgment dated 18.02.2021 be quashed and set aside and the eviction application filed against him be dismissed. Heard. Considered. While deciding the issue no.2 pertaining to default in payment of rent, learned Rent Tribunal has held that despite receipt of notice under Section 9(a), the non-applicant did not deposit the arrears of rent within the period of thirty days and was liable for eviction. This finding has been upheld by the learned Appellate Rent Tribunal re-appreciating the evidence on record. Even the learned counsel for the non-applicant did not dispute that he failed to pay the rent within the period of thirty days after receipt of the notice under Section 9(a) of the Act of 2001 even as per the rate of rent he agreed/ the rent which was due as per him. In view thereof, this Court finds no illegality or perversity in the concurrent findings of facts recorded against him qua default in payment of rent. Resultantly, this writ petition is dismissed. Pending application(s), if any, also stands disposed of accordingly. (MAHENDAR KUMAR GOYAL),J DIKSHA /437-s