The High Court of Rajasthan dismissed a writ petition challenging the Rent Tribunal's order. The Bench held that the application by the tenant-respondent to file a rejoinder and surrejoinder was belated and the dismissal of the application was correct, failing to find prejudice to the tenant.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No.12437/2015
Ashok Paliwal S/o Shri B.D. Paliwal, R/O F F 2, Shri Krishnam Apartment 112, Narendra Nagar, New Sanganer Road, Jaipur.
----Defendant-Petitioner
Versus
Mradhu Saraf D/o Shri Raman Lal Saraf, Aged About 41 Years, R/o B-11 Flat No. F-01, First Floor Radha Vihar, Sodala, Jaipur.
----Plaintiff-Respondent
For Petitioner(s) : Mr. Akash Gupta. For Respondent(s) : Mr. Harikrishan Sharma.
Mr. Harikrishan Sharma.
HON'BLE MR. JUSTICE ALOK SHARMA
Order
03/04/2017
Under challenge is the Rent Tribunal’s order dated 28.05.2015 whereby the application of the petitioner-tenant (hereinafter ‘the tenant’) to disallow the rejoinder to the reply to the eviction petition filed by the respondent-landlord (hereinafter ‘the landlord’) and in the alternative to be allowed to file a surrejoinder to the rejoinder along with supporting documents has been dismissed.
Heard the counsel for the petitioner. Impugned the order dated 28.05.2015. It is evident therefrom that the application was belatedly filed subsequent to the framing of issues. Besides as the Trial Court has rightly stated, it was the right of the landlord to file a rejoinder in terms of Section 15 (4) of the Rajasthan Rent Control Act, 2001. In any event the said rejoinder was largely clarificatory vis-a-vis the reply filed by the
(2 of 2)
[CW-12437/2015]
tenant to the eviction petition.
In the circumstances, I am disinclined to interfere in this petition. The petition is therefore dismissed. It is however made clear that trial in the eviction petition laid by the respondent-landlord be confined to the grounds as agitated in it and not otherwise.
(ALOK SHARMA), J.
Himanshu Soni
88.
1 issue framed by the court
Whether the Rent Tribunal's order dismissing the tenant's application to file a surrejoinder should be set aside.
1 provisions across 1 enactments
Ashok Paliwal
Mradhu Saraf
Allok Sharma
Himanshu Soni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
