Allowed

Rameshwarlal Jangid v. Additional Chief Judicial Magistrate (Rent Tribunal)

Rajasthan HC7 Dec 2021CW/1614/2019

Case brief

AI extract

What is this about?

The High Court, in a writ petition by a tenant against the Rent Tribunal and the landlady, held that no substantial proceedings had occurred in the underlying eviction suit despite the dismissal of a cross-examination application under Section 21 of the Rent Control Act. To meet substantial justice, the court quashed the impugned order allowing the petitioner to proceed with cross-examination.

What did the court decide?

Quashed the impugned order dated 20.09.2018 and directed the lower court to permit the petitioner for necessary cross-examination in pursuance of the application under Section 21 of the Rajasthan Rent

Rameshwarlal Jangid Vs Additional Chief Judicial… — Landlord and Tenant | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 1614/2019

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Rameshwarlal Jangid S/o Shri Ramvallabh Jangid, Aged About 50 Years, Village Jangid, Resident Of Gotan, Tehsil Merta, District Nagaur, At Present Plot No. 133 And 134 First A Road, Sardarpura, District.

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----Petitioner

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Versus

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Additional Chief Judicial Magistrate (Rent Tribunal), Jodhpur Metropolitan.

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Smt. Priyadarshini Kachhwaha W/o. Late Shri Jitendra Singh Ji Kachhwaha, by caste Mali, resident of Plot No.133 to 134, First ‘A’ Road, Sardarpura, Jodhpur (at present residing at B-271, 10B Scheme, Agrasain Marg, Gopalpura Byepass, Jaipur).

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----Respondent

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For Petitioner(s) : Ms. Vanita Joshi For Respondent(s) : None present

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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07/12/2021

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The petitioner has preferred this writ petition claiming for the following reliefs:-

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“vr% fjV ;kfpdk is'k dj fuosnu gS fd izkFkhZ;k }kjk izLrqr fjV ;kfpdk lO;; Lohdkj dh tkdj vizkFkhZ la[;k&1 Jheku vij eq[; U;kf;d eftLVªsV ¼fdjk;k vf/kdj.k½ tks/kiqj egkuxj }kjk ikfjr vkykSP; vkns'k fnukad 20-09-2018 ,usDpj&4 vikLr djrs gq, izkFkhZ dh vksj ls izLrqr izkFkZuk i= vUrxZr /kkjk&21 jktLFkku fdjk;k fu;a=.k vf/kfu;e] 2001 dks Lohdkj Qjek;k tkdj ftjg dh vuqefr iznku QjekbZ tkosA vU; dksbZ mfpr vkns'k tks izdj.k ds rF;ksa ,oa ifjfLFkfr;ksa ds vuqlkj ekuuh; U;k;ky; tks izkFkhZ ds i{k esa mfpr le>s] ikfjr fd;k tkosaA”

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(2 of 3)

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[CW-1614/2019]

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The notices were issued by this Court on 11.02.2019, however, despite service none appears for the respondent.

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The brief facts as notice by this Court are that the respondent no.2 filed a suit for eviction under Section 3 (iii) (Kha) & Section 18 of the Rajasthan Rent Control Act, 2001 read with Section 106 of the Transfer of Property Act.

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The petitioner filed a written statement and thereafter the petitioner filed an application under Section 21 of the Rajasthan Rent Control Act, 2001, for which no reply was filed by the respondent.

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Counsel for the petitioner submits that learned court below has dismissed the application under Section 21 of the Act of 2001 by refusing to allow the petitioner to make necessary examination upon the affidavit.

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Counsel for the petitioner submits that for substantial justice the petitioner ought to have been permitted to make the necessary cross-examination. Counsel for the petitioner further submits that the suit is still pending and is listed on 17.01.2022.

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After hearing counsel for the petitioner and also taking note of the fact that there is none contesting for private respondent, this Court finds that substantial justice would be met in case the court below would have allowed application under 21 of the Rajasthan Rent Control, 2001. As far as the delay is concerned, the matter is still pending and no substantial proceedings thereafter has taken place.

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Thus, in the interest of justice and for want of opposition the present writ petition is allowed. The impugned order dated 20.09.2018 (Annex.4) is quashed and set aside. The learned court below is directed to permit the petitioner for necessary

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(3 of 3)

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[CW-1614/2019]

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cross-examination in pursuance of application under Section 21 of the Rajasthan Rent Control, 2001.

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(DR. PUSHPENDRA SINGH BHATI),J.

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140-nirmala/Sanjay-

Rameshwarlal Jangid v. Additional Chief Judicial Magistrate (Rent Tribunal)

Case brief

What is this about?

What did the court decide?

Rameshwarlal Jangid v. Additional Chief Judicial Magistrate (Rent Tribunal)

Case brief

What is this about?

What did the court decide?

What the court decided

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