Disposed

Lalit Kumar Jain v. Dilip Kumar Khatri

Rajasthan HC20 Oct 2016CW/14380/2016

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition challenging the Rent Tribunal's rejection of an application to frame issues. The Court held that Rent Tribunals should frame points of determination rather than follow regular civil suit procedures. The petitioner was granted liberty to cross-examine witnesses on pleaded facts. The stay application was also disposed.

What did the court decide?

Writ petition and stay application disposed. Liberty granted to cross-examine witnesses on pleaded facts.

Lalit Kumar Jain Vs Dilip Kumar Khatri — Landlord and Tenant | Rajasthan HC (2016)

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S.B. CIVIL WRIT PETITION NO. 14380/2016

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. ORDER

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S.B. CIVIL WRIT PETITION NO. 14380/2016 WITH

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S.B. CIVIL MISC. STAY APPLICATION NO. 12782/2016

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Lalit Kumar Jain S/o Shri Jay Kumar Jain, Aged 60 years,B/c Jain, C/o J.K. Garments Pali Bazar beawar, District Ajmer Raj.

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Petitioner/Non-Applicant

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VERSUS

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Dilip Kumar Khatri S/o Mohan Das Khatri, Aged 40 years, R/o Nehru Nagar, Gali No.10, House No.13, Beawar, District Ajmer, Rajasthan.

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Non-Petitioner/Applicant DATE OF ORDER : 20.10.2016

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ

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Mr. J.P. Gupta, for the petitioner.

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BY THE COURT:

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This petition has been filed by the petitioner challenging order dated 16.09.2016 passed by Rent Tribunal,

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Beawar(for short 'the Tribunal') whereby application of the petitioner for framing additional issues with regard to partial eviction and comparative hardship has been rejected by the tribunal.

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It is surprising that despite there being no requirement to frame issues, learned Rent Tribunals in the State are still proceeding under the impression as if they are

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S.B. CIVIL WRIT PETITION NO. 14380/2016

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trying regular civil suit and making all those interlocutory orders which are normally passed in a regular civil suit with regard to framing of issues, deciding admissibility of the documents, amendment of pleadings etc. Learned Rent Tribunal is merely required to frame points of determination and on that basis decide the matter by perusing pleadings and affidavits of the parties, although, of course, giving opportunity to parties to cross-examine each others witnesses in its discretion. If the petitioner has pleaded the fact with regard to partial eviction and comparative hardship, it would be open to him to cross-examine the witnesses of the respondents without there being an issue thereabout.

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With that liberty, present writ petition is disposed

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off.

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Stay application also stands disposed off.

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(MOHAMMAD RAFIQ),J.

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Manoj, S.NO.41.

Lalit Kumar Jain v. Dilip Kumar Khatri

Case brief

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Lalit Kumar Jain v. Dilip Kumar Khatri

Case brief

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