Disposed

Shri Chetanraj S/O Shri Madanlal v. Smt. Shanti Devi Dani W/O Shri Rameshwarlal Dani

Rajasthan HC1 Feb 2022CW/10272/2019

Case brief

AI extract

What is this about?

Petitioner seeking to withdraw writ petition with liberty to challenge eviction application maintainability filed by power of attorney holder and impugned order allowing limitation extension. Court permitted withdrawal with liberty to raise submissions and re-examination of order by Rent Tribunal.

What did the court decide?

Withdrawal of writ petition permitted with liberty to raise defence on maintainability and challenge order allowing limitation extension.

Shri Chetanraj S/O Shri Madanlal Vs Smt. Shanti Devi… — Landlord and Tenant | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 10272/2019

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Shri Chetanraj S/o Shri Madanlal, Proprietor Amrit Automobile, Shop No. 2, Ajmer, R/o Sarawagi Mohalla, Ajmer.

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----Petitioner

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Versus

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Smt. Shanti Devi Dani W/o Shri Rameshwarlal Dani, through legal representative Shri Sachin Dani S/o Late Shri Omprakash Dani, R/o Sobhag Club, Civil Lines, Ajmer.

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----Respondent

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For Petitioner(s) : Mr. Rahul Agarwal (through VC) For Respondent(s) : Mr. Harshit Mittal (through VC)

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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01/02/2022

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Learned counsel for the petitioner at the outset submits that he wants to withdraw the present writ petition with liberty that he may be permitted to raise all his defence submissions pertaining to maintainability of eviction application which has been filed by power of attorney holder. He may also be permitted to argue on merits against the order dated 11.03.2019 whereby application under Section 5 of the Limitation Act, 1963 has been allowed, ignoring the settled position of law rendered by Apex Court in the judgment of Balwant Singh (dead) vs. Jagdish Singh and Ors. reported in AIR 2010 SC 3043.

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In the light of above submissions, we are of the view that the said withdrawal can be permitted to the petitioner along with liberty which he has sought for.

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(2 of 2)

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[CW-10272/2019]

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The learned Rent Tribunal may consider his defence pertaining to maintainability of the lis in question on account of the same being filed by power of attorney holder. Secondly, the impugned order dated 11.03.2019 may also be re-looked into in the light of judgment rendered by Hon’ble Apex Court in Balwant Singh (supra) in accordance with law and as per its own merits and as per the facts of the case. Any observation of this Court will not effect or prejudice either of the parties. Learned Rent Tribunal will be at liberty and independently decide the lis in question as per its wisdom.

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In the light of said fact, the writ petition is disposed of in above terms. It is also directed that looking to the delay caused, the learned Rent Tribunal will consider the aforementioned aspects at the final disposal of the matter and make an endeavour to decide the matter expeditiously.

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All pending applications also stand disposed of.

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(SAMEER JAIN),J

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Arun/36

Shri Chetanraj S/O Shri Madanlal v. Smt. Shanti Devi Dani W/O Shri Rameshwarlal Dani

Case brief

What is this about?

What did the court decide?

Shri Chetanraj S/O Shri Madanlal v. Smt. Shanti Devi Dani W/O Shri Rameshwarlal Dani

Case brief

What is this about?

What did the court decide?

What the court decided

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